PRAFULLA C.PANT,J. - (1.) THIS appeal is directed against the judgment and order dated 01.11.1999, passed by III Additional Sessions Judge, Nainital, in Sessions Trial No. 107 of 1994, whereby said court has convicted the appellants under section 304 part II of I.P.C., and sentenced each one of them to rigorous imprisonment for a period of seven years.
(2.) HEARD learned counsel for the parties, and perused the lower court record. Prosecution story in brief is that Pokhar Singh (S/o Harnam Singh) got married to Meeta Kaur [sister of Gurdeep Singh (deceased)]. After sometime the relations between parties to matrimony got soured. Meeta Kaur started living in her parental house. Distance between the two houses is said to be one kilometer (as mentioned in the statement of P.W. 1 Sona Singh). On 26.11.1993, at about 5:00 p.m., as disclosed in the First Information Report (Ex. A1) lodged by the complainant P.W.1 Sona Singh (uncle of Meeta Kaur), he alongwith his nephew Gurdeep Singh (deceased) and Lal Singh (not examined) was passing through near the house of appellant Harnam Singh, they were attacked by Charan Singh, Kulwant Singh (both acquitted by the trial court) and Gurmeet Singh (since died) with PATAL (heavy sharp edged weapons). Accused/appellant Harnam Singh said to have fired shot from country made pistol. Gurdeep Singh died of the incised injury suffered by him on his head in the incident.
(3.) A cross case of the incident was got lodged by Harnam Singh (present appellant) against Sona Singh (examined as P.W. 1 in this case), Resham Sing (examined as P.W. 2 in this case), one Kundan Singh and Gurdeep Singh. Both the cross cases which were registered as crime no. 418 of 1993, and crime no. 419 of 1993, at Police Station Ramnagar, were investigated by the Investigating Officer P.W. 6 Sub-Inspector Rajendra Singh and charge sheets were filed against both the sides of the accused. In the trial relating to present appellant Gurmeet Singh, Charan Singh and Kulwant Singh were coaccused with him. And in the cross trial Sona Singh, Resham Singh and Kundan Singh were the accused. The charge sheet against the appellant and others was filed in respect of offence punishable under section 302/34 IPC, and charge sheet against Sona Singh and others was filed in respect of offences punishable under section 323/34 and 324/34 IPC. Sessions Trial No. 107 of 1994 was registered in respect of the case committed against the appellant and others. Session Trial No. 609 of 1995, was registered after committal of case against Sona Singh and others. Both the cases were tried together. The trial court after recording evidence and hearing the parties found that Harman Singh and Gurmeet Singh were guilty of charge of offence punishable under section 304 part II of IPC. However, no offence is said to have been proved against Sona Singh, Charan Singh and Kulwant Singh and they were acquitted of the charge. Also, in the cross cases no offence is held proved against accused Sona Singh, Resham Singh, Kundan Singh and they were acquitted of the charge of offences punishable under section 323/34 and 324/34 IPC. Aggrieved by said judgment and order dated 01.11.1999, passed by III Additional Sessions Judge, Nainital, this appeal was preferred by the convicts Harnam Singh and Gurmeet Singh, but Gurmeet Singh has died during the pendency of the appeal and his appeal stood abated.;