KALA SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 04-10-1993, passed by III Addi tional Sessions Judge, Nainital, in Ses sions Trial No. 304 of 1990, whereby ac cused / appellants Kala Singh and his sons Nanak Singh, Satnam Singh and Sukh Dev Singh are convicted under Section 302 read with Section 34 and Section 201 of Indian Penal Code, 1860 (hereinafter referred as I. P. C. ). Each one of the con victs (appellants) is sentenced by the trial court to imprisonment for life under Sec tion 302/34 I. PC, and rigorous imprison ment for a period of three years under Section 201 I. P. C.

(2.) HEARD learned counsel for the par ties and perused the lower court record.

(3.) BEFORE further discussions it is per tinent to mention here that it is a case of circumstantial evidence and there is no direct evidence of commission of crime. As such this Court has to see whether the prosecution has established the chain of circumstances leading to only one conclu sion that the accused / appellants have committed murder of Asha Singh (de ceased ).