KIRAN PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment and order dated 17.9.2008 by Shri Shashank Shekhar, Additional Sessions Judge Court No. 1, Aligarh in Sessions Trial No. 1630 of 1999 (State of U.P. v. Kiran Pal and two others) in Crime No. 170 of 1996, P.S. Delhigate, District Aligarh convicting and sentencing the appellants Kiran Pal, Sombeer and Chandi under Sections 302,120- B of I.P.C. for death/capital punishment.

(2.) IN nutshell, prosecution story is that Banwari Lal Pradhan, son of Udai Singh, resident of village Neevari, P.S. Delhigate, district Aligarh submitted a written report vide Ext. Ka-1 on 7.6.1996 in the concerned police station by stating that he was going to purchase oil from village Natha and when passed from Javan by-pass, he saw three dead bodies lying in the field of Hari Babu Sharma near a brook (Nala) towards village Bheempur. They were having injuries on their bodies and there was crowd there. Thereafter, he submitted the written report and on that basis, the case was registered under Section 302, I.P.C. and investigation of this case was entrusted to Sub-INspector Sri R.K.S. Rathore.

(3.) DURING the course of investigation, the statements of witnesses were recorded by the Investigating Officer. After completion of investigation, charge-sheet was submitted in the concerned Court against all the accused persons. After commitment of the case, all the above three accused persons were charged by the concerned Sessions Judge for the offence under Section 302 I.P.C. read with Section 34, I.P.C. and Section 120-B, I.P.C. who pleaded not guilty and claimed to be tried.