Prafulla C. Pant, J. -
(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 16.09.1999, passed by learned Sessions Judge, Uttarkashi, in Session Trial No. 2 of 1998, whereby said court has convicted accused/appellants Pratap Singh and Gulab Singh under section 307 read with section 34 IPC. Each one of them has been sentenced to rigorous imprisonment for period of five years, and directed to pay fine of Rs. 2,000/ -. Appeal of appellant no. 1 Pratap Singh stood abated after his death during the pendency of the appeal.
(2.) HEARD Ms. Shiwali Joshi, Amicus Curiae for the appellant No. 2, and Mr. Vinod Sharma, Dy. Advocate General for the State and perused the lower court record. Prosecution story, in brief, is that Hari Ram (P.W. 1) had purchased a plot from accused/appellant Pratap Singh for an amount of Rs. 9,000/ - but the payment made short by Rs. 200/ -. Later on Pratap Singh took back his plot. He returned entire money except Rs. 200/ -. On 05.07.1997, Kashi Ram (P.W. 2) went to the house of accused/appellant Pratap Singh, and made demand of remaining Rs. 200/ -. It has enraged accused/appellant Pratap Singh and his son Gulab Singh (accused/appellant no. 2). And accused/appellant Pratap Singh armed with carpenter's axe (BASULA) and accused/appellant no. 2 Gulab Singh armed with LATHI came out, and assaulted Kashi Ram (P.W. 2) who suffered injuries. First Information Report (Ex. A1) of the incident was got lodged by P.W. 1 Hari Ram at the Police Station Kotwali Uttarkashi, on the basis of which crime no. 72 of 1997, was registered in respect of offence punishable under section 307 IPC, against the two accused Pratap Singh and his son Gulab Singh. The injured was got medically examined on 07.07.1997, by P.W. 3 Dr. D.L. Shah, who prepared injury report. P.W. 5 Dr. Y.S. Rana (Radiologist) prepared x -ray report. The Investigating Officer after interrogating the witnesses submitted charge sheet against the two accused for their trial in respect of offences punishable under section 307 and 325 IPC.
(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 207 Cr.P.C., appears to have committed the case to the court of Sessions for their trial. Learned Sessions Judge, Uttarkashi, on 03.03.1998, after hearing the parties framed charge of offence punishable under section 307 IPC, against the two accused Pratap Singh and Gulab Singh who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Hari Ram (informant), P.W. 2 Kashi Ram (injured), P.W. 3 Dr. D.L. Shah (who examined injuries on the person of the injured), P.W. 4 Dr. Y.S. Rana (Radiologist), P.W. 5 Jai Pal Singh, P.W. 6 Smt. Kumari, P.W. 7 Constable Rajendra Prasad and P.W. 8 Sub Inspector Ram Kishore Sharma (Investigating Officer). The oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which they pleaded that they have been falsely implicated due to enmity. They further told that it was Kashi Ram who came in their house and molested Naraini Devi (wife of Pratap Singh). However, no evidence in defence was adduced. The trial court after hearing the parties found that prosecution has successfully proved charge of offence punishable under section 307 read with section 34 IPC against both the accused Pratap Singh and his son Gulab Singh. Accordingly, both of them were convicted, and after hearing on sentence each one of them has been sentenced to rigorous imprisonment for a period of five years, and directed to pay fine of Rs. 2,000/ -. Aggrieved by said judgment and order dated 10.09.1999, passed by the learned Sessions Judge, Uttarkashi, in Sessions Trial No. 2 of 1998, this appeal was filed by the convicts before Allahabad High Court from where it is received by transfer under section 35 of U.P. Reorganization Act, 2000. (Central Act 29 of 2000), for its disposal.;