KANKA SINGH AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal by two Appellants Kanka Singh and Peta Singh against their conviction under Section 201 I. P. C., and the sentence of R.I. for five years each.

(2.) ORIGINALLY the Appellants were charge -sheeted under Sections 302 and 201, I.P.C. At the trial, however, an alternative charge was framed under Sections 302/34, I. P. C. The learned Sessions Judge on a careful consideration of the evidence of p.ws. 1 to 5 disbelieved the prosecution case as far as the murder is concerned and acquitted the Appellants both under Sections 302 and 302/34. He, however, convicted them under Section 201 relying upon the evidence of the self -same witnesses.

(3.) THE prosecution examined five witnesses p. ws. 1 to 5 as direct witnesses to the occurrence, besides the other formal witnesses. The learned Sessions Judge relied upon the evidence of p. ws. 1 to 5 and came to the conclusion that the two Appellants were responsible for the disposal of the deadbody in order to conceal the evidence of murder and accordingly convicted them as stated earlier.