PRAFULLA C.PANT, SUDHANSHU DHULIA, J. - (1.) THIS appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), is directed against the judgment and order dated 18.01.2002 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 185 of 1999 whereby said court has convicted accused appellants, namely, Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh under sections 302, 436 and 427 of Indian Penal Code, 1860 (for short “IPC”). Each one of 2 convicts has been sentenced to imprisonment for life under section 302 IPC, rigorous imprisonment for a period of 5 years under section 436 IPC and rigorous imprisonment for a period of one year under section 427 IPC.
(2.) HEARD learned counsel for the parties and perused the evidence led in the lower court. Prosecution story, in brief, is that accused appellant no. 1 Sarvajeet Singh is father of the other two accused appellants Tandeep @ Tandeepjeet Singh and Sukhdeep Singh. They are residents of village Sahdaura within the limits of police station Kichcha, District Udham Singh Nagar. Amarjeet Singh (deceased) was real brother of accused no. 1 Sarvajeet Singh. They had some partition dispute over the ancestral landed property. In the intervening night of 21/22 of April, 1999, Amarjeet Singh was sleeping in his residential hut in the village, when accused appellants came there and set his hut on fire, which resulted not only loss of property but also the death of Amarjeet Singh. Prosecution case is that PW4 Baljeet Kaur (widow of deceased), (who normally used to live in Avas Vikas Colony, Rudrapur with her children) on that day had come to the village. PW5 Paramjeet Singh, brother-in-law of deceased, who is resident of Shakti Farm, Sitarganj had also gone to village Sahdaura on the day of incident. It is said that two witnesses saw accused appellants Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh setting the hut on fire. As per the prosecution case, the said two witnesses ran towards jungle to save themselves and came out in the morning. PW4 Baljeet Kaur lodged First Information Report (exhibit A-8) on 22.04.1999 at 08.30 a.m. at police station Kichcha against the three accused, on the basis of which Check Report (exhibit A-5) was prepared at the police station and crime no. 363 of 1999 was registered against the accused Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh relating to offences punishable under sections 436, 302, 427, 343 IPC. The investigation was taken up by PW6 Mahfuz Ali, Station House Officer. He along with police force went at the spot and after taking dead body of deceased Amarjeet Singh in his possession, prepared the inquest report (exhibit A-1) in presence of the witnesses. He also got prepared police form no. 13 (exhibit A-9), sketch of the dead body (exhibit A-10), sample seal (exhibit A-11) and letter to Chief Medical Officer (exhibit A-12) requesting him for postmortem examination. Dead body was got sent for postmortem examination and PW2 Dr. Chandra Shekhar of Sobhan Singh degree all over the body and opined in the autopsy report (exhibit A-4) that the deceased had died of 6Jeena Hospital, Haldwani conducted the postmortem examination on 23.04.1999 at 11.00 a.m. The medical officer recorded the ante mortem burn injuries of 6th th degree burn injuries. The Investigating Officer after interrogating the witnesses, collected ash and soil from the place of incident, and prepared recovery memo (exhibit A-3). He also prepared the site plan (exhibit A-13). After completion of the investigation, the Investigating Officer submitted a chargesheet against all the three accused, namely, Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh for their trial in respect of offences punishable under sections 436, 427, 302/34 IPC.
(3.) THE Chief Judicial Magistrate, Udham Singh Nagar, on receipt of the chargesheet, after giving necessary copies to the accused, as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. Learned Sessions Judge, after hearing the parties on 06.04.2000 framed charge of offences punishable under sections 436, 427 and 302 IPC against all the three accused, namely, Sarvajeet Singh, Tandeep @ Tandeepjeet Singh and Sukhdeep Singh, who pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 Mohd. Hussain (witness of inquest report), PW2 Dr. Chandra Shekhar, who conducted the postmortem examination, PW3 Head Constable Bishan Swaroop Verma, who prepared Check Report of First Information Report and made entry in the General Diary, PW4 Smt. Baljeet Kaur (widow of deceased and eye witness), PW5 Paramjeet Singh, brother-in-law of deceased, who was declared hostile, and PW6 Station House Officer Mahfuz Ali (Investigating Officer).;