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 08.09.2003 passed by Sessions Judge, Champawat in Sessions Trial No.24 of 2002, whereby said court has convicted the accused/appellants Shiv Ram @ Shiv Raj Ram and Naresh Ram under Section 302/34 and under Section 307/34 of Indian Penal Code, 1860 (for short I.P.C.) and sentenced each one of them to imprisonment for life under Section 302/34 I.P.C. and rigorous imprisonment for a period of seven years and directed to pay fine of Rs.10,000/- under Section 307/34 I.P.C. Accused/appellant Naresh Ram has been further convicted under Section 25 of Arms Act and sentenced rigorous imprisonment for a period of three years.
(2.) HEARD learned counsel for the parties and perused the lower court record. Prosecution story in brief is that on 17.07.2002 at about 02:00 pm. P.W.1 Jaman Ram (informant) was coming back to his house from Tallichuda. When he reached near Chuda bend, accused/appellants Shiv Ram and Naresh Ram, both sons of Lal Ram, residents of Maunkanda stopped him and threatened to kill him. On this Jaman Ram (P.W.1) ran towards Maunkanda and the two accused/appellants chased him. When the two accused/appellants reached in the courtyard of Prahlad Ram (P.W.2), they quarrelled with him and accused/appellant Shiv Ram fired a shot from a country made pistol at him. Prahlad Ram got injured. Another accused Naresh Ram shot fire from another country made pistol at Govindi Devi (deceased), wife of Prahlad who was standing on the staircase of her house. She died on the spot. Injured Prahlad Ram was taken to Primary Health Centre Paati from where he was referred by P.W.3 Dr. Ashok Kumar to higher centre for medical treatment. Meanwhile, P.W.1 Jaman Ram, got scribed report (Ext A-1) through P.W.6 Prakash Ram and gave it to the Patwari of the area (In Uttarakhand hills under U.P. Government Notification No.494/VIII-418 dated 7 th March, 1916) certain Revenue Officials are given police powers. On the basis of said report, P.W.8 Sankar Lal Verma, Patwari of Patti Chaudakot registered Crime No.01 of 2002 relating to offence punishable under Section 302 and 307 I.P.C. against the two accused Shiv Ram and Naresh Ram, and prepared check report (Ext.A-7) and started investigation. On 17.07.2002 at about 04:00 pm he proceeded to village Maunkanda and after taking dead body of Govindi Devi in his possession prepared inquest report at 04:30 pm. He further got prepared the other necessary papers before taking the dead body for post mortem examination. P.W.2 Prahlad Ram was taken to District Hospital, Pithoragarh where P.W.4 Dr. B.S. Yadav recorded the injuries on his person on 17.07.2002 at about 10:00 pm and prepared injury report (Ext.A-3). Thereafter P.W.5 Dr. H.S. Kharayat conducted surgery on the person of injured Prahlad Ram. P.W.7 Dr. Pryag Dutt Pangariya conducted post mortem examination on 18.07.2002 on the dead body of Govindi Devi and prepared autopsy report (Ext. A-6). The Investigating Officer after interrogating the witness and inspecting the spot submitted chargesheet (Ext.A-17). During investigation, he arrested the two accused and recovered a country made pistol on pointing out of accused Naresh Ram and got registered a separate crime number which was separately investigated and a separate chargesheet appears to have been filed against the said accused.
(3.) THE Magistrate on receipt of the chargesheets appears to have been committed the cases to the court of Sessions for the trial. Sessions Trial No.24 of 2002 has arisen out of the chargesheet filed by Investigating Officer in respect of offences punishable under Section 302/34 and 307 I.P.C. in sessions trial no.25 of 2002, appears to have been arisen relating to offence punishable under Section 25 of Arms Act registered against accused Naresh Ram. On 27.01.2003 after hearing the parties, Sessions Judge, Champawat framed charge of offence punishable under Section 302 read with Section 34 I.P.C. against Shiv Ram and Naresh Ram and accused Shiv Ram @ Shiv Raj Ram was further charged in respect of offence punishable under Section 307 I.P.C. to which both of them pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Jaman Ram, (informant) and eye witness, P.W.2 Prahlad Ram (injured eye witness), P.W.3 Dr. Ashok Kumar (who gave first aid to the injured Prahlad Ram), P.W.4 Dr. B.S. Yadav (who recorded injuries on the person of Prahlad Ram), P.W.5 H.S. Kharayat (who conducted surgery on the person of Prahlad Ram), P.W.6 Prakash Ram (scribe of the first information report and witness of inquest report), P.W.7 Dr. Prayag Dutt (who conducted post mortem examination on dead body of Govindi Devi) and P.W.8 Shankar Lal Verma (Investigating Officer). Oral and documentary evidence was put to the accused under Section 313 Cr.PC in reply to which they alleged evidence adduced against them as false. They pleaded that they had been falsely implicated due to enmity. However, no evidence in defence was adduced. The trial court after hearing the parties found both the accused/appellants guilty of charge of offence punishable under Section 302/34 and one punishable under Section 307/34 I.P.C. Accused/appellant Naresh Ram was further held guilty of charge of offence punishable under Section 25 of Arms Act. After hearing on sentence, the trial court sentenced each one of the convicts to imprisonment for life under Section 302/34 I.P.C. and rigorous imprisonment for a period of seven years and directed to pay fine of Rs.10,000/- under Section 307/34 I.P.C. Convict Naresh Ram was sentenced further rigorous imprisonment for a period of three years under Section 25 of Arms Act. Aggrieved by the said impugned judgment and order dated 08.09.2003 passed by Sessions Judge, Champawat in Sessions Trial no.24 of 2002 and Sessions Trial No.25 of 2002, this appeal is preferred by the convicts.;