Decided on January 01,2013

Balwant Singh And Another Appellant


- (1.) One Chintan Lal wrote a complaint (Ext. Ka-1) on 28.04.2000 to Patti Patwari, Patwari Circle, North Maundarsyun, District Pauri Garhwal regarding the killing of his son Sudarshan. On 28.03.2000, Sudarshan died in the night. Chintan Lal suspected that Sudarshan's fatherin-law Balwant and sister-in-law Sunita conspired to kill Sudarshan. Sudarshan was in a habit of taking drinks. Balwant Singh and Sunita came to Chintan Lal's residence on 28.03.2000 at 09:00 P.M. Sudarshan was hail and hearty upto 10 P.M. of 28.03.2000. He did not take drinks till 10:00 P.M. that night. Informant Chintan Lal had every apprehension that Balwant Singh brought alcohol from the market, mixed poison in the same, and served it to Sudarshan surreptitiously. Sudarshan did not take drinks in the presence of his father Chintan Lal and therefore, Sudarshan was served liquor in the courtyard of the house. Victim's sister-in-law Sunita left for her parental home after three days of the incident. It was also alleged by the informant that the ornaments of victim's wife were also stolen by Sunita.
(2.) On the basis of said complaint, Chik FIR (Ext. Ka-9) was lodged on 29.04.2000, at 03:00 P.M. by Patwari, Patwari Circle, North Maundarsyun, Lansdowne, which was registered as Case Crime No. 02 of 2000 against accused persons Balwant Singh and Sunita. Investigation began on the basis of said FIR. After interrogating the witnesses and on completion of investigation, a charge sheet (Ext. Ka-11) was submitted against the accused persons Balwant Singh and Sunita in respect of offence punishable under Sections 302 of IPC.
(3.) When the trial began and prosecution opened it's case, charge in relation to offence punishable under Section 302 of IPC read with Section 34 of IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial. Five prosecution witnesses, namely, PW1 Smt. Chanda Devi, PW2 Chintan Lal, PW3 Smt. Rekha, PW4 Awwal Singh Rawat and PW5 Rajendra Prasad Mamgain were examined on behalf of the prosecution. Formal proof of the rest of the documents was dispensed with by the counsel for defence and the genuineness was admitted, as such, no further oral testimony was recorded. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that the evidence against them was false. No evidence was adduced in defence. After considering the evidence on record, learned court below convicted accused persons Balwant Singh and Sunita for the offence punishable under Section 302 of IPC read with Section 34 of IPC and sentenced them to undergo imprisonment for life and a fine of Rs. 5,000/- each. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred by the convicts.;

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