Decided on September 27,2013

Beer Singh; Pramita Appellant


- (1.) A complaint (Ext. Ka-1) was lodged by PW1 Smt. Reshma to S.O., police station, Ranipur, District Haridwar on 25.09.2009, at 10:45 P.M. against Kali Ram, Beer Singh (appellant) and Pramita (appellant), which was registered as case crime no. 368 of 2009, under Sections 302 / 307 / 34 of IPC. The incident allegedly took place on the selfsame day at 08-08:30 P.M. The distance between the place of incident and the police station concerned was four kilometers and, hence, there appears to be no delay in lodging the FIR (Ext. Ka-15).
(2.) After the investigation, charge-sheet (Ext. Ka-14) was submitted against all the three accused persons under Section 302 read with Section 34 IPC, Section 307 read with Section 34 IPC and Section 324 read with Section 34 IPC. The case of accused Kali Ram was separated. The case against accused-appellants Beer Singh and Pramita was committed to the Court of Sessions. When the trial commenced and prosecution opened it s case, charge in respect of selfsame offences was framed against both the accused-appellants, to which they pleaded not guilty and claimed trial.
(3.) Pw1 Reshma, PW2 Pritam, PW3 Paltu Ram, PW4 Papu Singh, PW5 Phool Singh, PW6 Monu, PW7 Vinod Kumar, PW8 S.I. Vijay Bharti, PW9 Dr. Pradeep Kumar, PW10 S.H.O. Vijay Kundalia and PW11 Dr. V.K. Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned Sessions Judge, Haridwar, vide judgment and order dated 09.07.2010, convicted both the accused-appellants namely, Beer Singh and Pramita in respect of the offences for which they were charged. Both of them were sentenced appropriately. Aggrieved against the impugned judgment and order, two separate criminal appeals were filed by the appellants. Since both the appeals have arisen out of same incident, therefore, they are being decided by this common judgment and order for the sake of brevity.;

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