Hon'ble J.C.S. Rawat, J. - (1.)This criminal appeal has been filed against the judgment & order dated 25 -09 -1991 passed by Sri R.N. Singh, the then First Addl. Sessions Judge, Nainital in S.T. No. 293 of 1989 whereby the Appellant Misri Lal was convicted and sentenced to undergo imprisonment for life and for a period of six months' R.I. under Sec. 302 Indian Penal Code and Sec. 201 Indian Penal Code respectively. Both the sentences were to run concurrently. Appellant Smt. Saraswati was convicted and sentenced to undergo imprisonment for life under Sec. 302 Indian Penal Code read with Sec. 34 Indian Penal Code.
(2.)The facts, in nutshell, are that the deceased Lala Ram was living with his wife Smt. Saraswati and his children in Ward No. 2, Kasba & P.S. Sitarganj. Appellant Misri Lal was tenant in the house of the deceased. Ram Bhan Singh PW1 was also living in the house of the deceased as tenant. Smt, Saraswati - the wife of the deceased had an illicit relationship with the Appellant -Misri Lal. In the intervening night of 22/ 23 -12 -1988, the deceased Lala Ram alongwith his wife and children was sleeping in the house. In order to commit the murder of Lala Ram, Appellants Misri Lal & Smt. Saraswati hatched a conspiracy and they committed the murder of Lala Ram. After sometime, Smt. Saraswati cried loudly and on this Ram Bhan Singh came near the room of Smt. Saraswati and found Lala Ram lying dead in the 'varanda'. Ram Bhan Singh asked her as to who has committed the murder of Lala Ram. She replied that she did not know about it as she was sleeping. She further replied that when she came out of the room to ease her child, she found her husband lying dead in the varanda. Deceased Lala Ram had made an agreement of Rs. 1,50,000/ - in favour of Kedar Dutt to sell the agricultural land, due to this reason the Appellants were annoyed with the deceased. Thereafter, C.B. Bhatt scribed the report on the dictation of Ram Bhan Singh PW1 -informant in the same night. Ram Bhan Singh PW1 went to the police station where he lodged the FIR (Ex.ka.1) on 23 -12 -1988 at about lam. On the basis of report, a Chick FIR was prepared and necessary entries were made in the general diary. The investigation of this case was entrusted to S.I. -S.P. Singh, who immediately visited the spot. After appointing panches he prepared the inquest report and other connected papers. The dead body of the deceased was sent to the hospital for autopsy. The police recovered the blood stained 'Darati' (sickle) and clothes of the Appellants on the pointing of accused Misri Lal. After completing the investigation, the Investigating Officer submitted the chargesheet before the court against the Appellants.
(3.)After submission of chargesheet the Appellants -accused were committed to the court of Sessions for trial and the trial court framed charges against the accused persons. They denied the charges levelled against them and claimed their trial.
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