HARVEER Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT Criminal appeal has its genesis in impugned judgement and order dated 5.6.2008 rendered in S.T. No. 108 of 2006 (State v Harveer and another). The trial of accused in the case culminated in conviction of the appellant Harveer under section 302, 324, 120 B IPC and he was visited with penalty of death.

(2.) THE appeal aforesaid, it would appear was admitted by this Court on 24.7.2008. Thereafter, the appeal, it would appear, was listed on 10.7.2009 and again on 13.7.2009. On 14.7.2009, it transpired that the appellant was not represented and therefore, the Court appointed Sri Raghuraj Kishore Advocate as Amicus Curiae and directed that the appellant be informed whether he would like to be represented by Amicus curiae or would prefer to engage lawyer of his own choice. After the compliance report had been received, the appeal was heard on merit and judgement was reserved on 8.9.2009.

(3.) THE investigation of the case was taken over by S.I. Indra Pal Singh who prepared site plan Ex.ka 8, and also collected blood stained earth and simple earth Ex. ka. 9. He also recorded statements of the witnesses. The accused Peru was thereafter arrested. Subsequently, the investigation was made over to S.O. Mehar Singh who arrested accused Harveer and submitted charge sheet in the court.