VIKKA Vs. STATE

JUDGEMENT

(1.) THESE two appeals, preferred under Section 374 of Code of Criminal Proce­dure, 1973 (hereinafter referred as Cr.P.C.), is directed against the same judgment and order dated 21.12.2001, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 1 of 2001, whereby accused/appellant Shankra has been convicted under Sec­tion 302 and accused/appellant Vikka has been convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Each one of the convicts is sen­tenced to imprisonment for life and also directed to pay fine of Rs.2,000/-, in de­fault of payment of which the defaulter is required to undergo simple imprison­ment for a period of three months.

(2.) HEARD learned counsel for the par­ties and perused the trial court's record.

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary cop­ies to the accused, as required under Section 207 of Cr.P.C., appears to have committed the case to the court of Ses­sions for trial. Learned Sessions Judge, after hearing the parties, framed charge of offence punishable under Section 302 I.P.C. against the accused Shankra and one punishable under Section 302 read with Section 34 I.P.C. against accused Vikka, to which both of them pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Smt. Roshni (wife of accused Vikka, an eyewitness); P.W.2 Kundanu, an eyewit­ness; P.W.3 Smt. Tara Devi, complain­ant and widow of the deceased; P.W.4 Ghanshyam Singh, Sub Divisional Mag­istrate, Tehri; P.W.5 Dr. Gyanendra Singh, who conducted postmortem ex­amination and P.W.6 Manendra Singh, Patwari, who investigated the crime. The Oral and documentary evidence was put to both the accused under Section 313 Cr.P.C., in reply to which they alleged the same to be false. However, they did not adduce any evidence in defence. Af­ter hearing the parties, the trial court found both the accused guilty of the charge framed against them and con­victed them accordingly. After hearing the parties on sentence, the trial court vide impugned order sentenced each one of the convicts to imprisonment for life and also directed each one of them to pay fine of Rs.2,000/-, in default of pay­ment of which, the defaulter was re­quired to undergo further three months' simple imprisonment. Aggrieved by said judgment and order dated 21.12.2001 passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 1 of 2001, the appellants preferred these two appeals from jail through Superintend­ent, District Jail, Haridwar.