PRAMOD KUMAR SRIVASTAVA, J. - (1.) THIS appeal has been filed against the judgment dated 17.8.2010 passed by Sri Surendra Kumar Singh, Additional Sessions Judge, Court No. 12, Bareilly in Sessions Trial No. 707 of 2002, State Vs. Jasveer Singh, under section 302/201 IPC, Crime No. 623 of 1997, p.s. Subhash Nagar, district Bareilly, by which accused was convicted for offences under sections 302 and 201 IPC.
(2.) PROSECUTION case in brief was that on 1.10.1997, one Om Prakash (PW -2) had given written information in police station Subhash Nagar that a human skeleton was lying there in the field of Narayan Singh of village Itaua Sukhdevpur, besides which were Khaki uniform, belt and shoes. Then police visited the spot and found that uniform had name plate of Kartar Singh and identity card of Kartar Singh. Then police has registered the case under section 302/201 IPC against unknown persons. Then on 11.10.1997, one Devraj Singh (PW -3) had given written report in police station that his real brother constable Kartar Singh is missing from 19.9.1997 and on 1.10.1997 his skeleton was found. Jasveer Singh had enmity with Kartar Singh due to litigation. On 19.9.1997 Dharam Singh and Mohd. Yunus had seen his brother Kartar Singh with Jasveer Singh at Moradabad Railway Station. Jasveer Singh had killed his brother and disappeared evidences relating to it. After investigation police has submitted charge sheet (Ex. -25) against Jasveer Singh.
(3.) ACCUSED Jasveer Singh was charged with offences under sections 302, 201 IPC He denied the charges and claimed to be tried. Then prosecution side had examined PW -1 constable Rakesh Kumar, PW -2 Om Prakash, PW -3 Devraj Singh, PW -4 Rajeshwari, PW -5 retired S.I. Narayan Singh, PW -6 S.I. Harpal Singh, PW -7 Inspector Bharat Singh Yadav and PW -8 S.I. Ayyub Hasan. These prosecution witnesses had proved documentary evidences of prosecution side. After closure of prosecution evidence, statement of accused Jasveer Singh under section 313 Cr.P.C. was recorded, in which he had denied the incident and stated that witnesses were telling lie and he is innocent. He had given judgment of Civil Appeal No. 61/1992, Jasveer Singh Vs. Moolchand and Others, passed by Additional District Judge -I, Moradabad in defence evidence. He has not adduced any oral evidence. After affording opportunity of hearing to parties, Sri Surendra Kumar Singh, learned Additional Sessions Judge, Court No. 12, Bareilly had passed judgment dated 17.8.2010, by which he had convicted accused -appellant Jasveer Singh for the charges of sections 302 and 201 IPC Then after hearing the defence side on point of quantum of sentence, learned Sessions Judge had passed sentence of life imprisonment for life and Rs. 10,000/ - fine for offence under section 302 IPC and sentence of three years rigorous imprisonment and Rs. 5,000/ - as fine for offence under section 201 IPC. Aggrieved by this impugned judgment and order dated 17.8.2010 present appeal has been filed by accused Jasveer Singh.;