PRAFULLA C.PANT, J. - (1.) THESE two appeals, preferred under Section 374 of Code of Criminal Proce­dure, 1973 (hereinafter referred as Cr.P.C.), is directed against the same judgment and order dated 21.12.2001, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 1 of 2001, whereby accused/appellant Shankra has been convicted under Sec­tion 302 and accused/appellant Vikka has been convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). Each one of the convicts is sen­tenced to imprisonment for life and also directed to pay fine of Rs.2,000/-, in de­fault of payment of which the defaulter is required to undergo simple imprison­ment for a period of three months.
(2.) HEARD learned counsel for the par­ties and perused the trial court's record. Prosecution story in brief is that on 02.11.2000, P. W.3 Smt. Tara Devi made a report to area Patwari Nainbagh, Patti Silwad-Jaunpur, Tehri Garhwal, that she was informed on 01.11.2000 at about 2.00 P.M. by Kundanu (P.W.2) and Shankra Singh (accused) that her husband Balbir Singh (deceased) is lying dead in a gorge. She further disclosed in her report (Ext.A-1), made to the Patwari, that earlier ac­cused Vikka on 31.10.2000 had ex­pressed his annoyance against the de­ceased Balbir on account of some dis­pute of money and he had threatened him to kill. She (Smt. Tara Devi) suspected that he (Vikka) might have his hand in the murder of her husband. (In interior hills of Uttarakhand revenue of­ficials are given police powers under U.P. Government Notification No. 4947 VIII-418-16, dated 07.03.1916). On the basis of report of Tara Devi, the area Patwari registered Crime No. 5 of 2000, relating to offence punishable under Sec­tion 302 I.P.C. against accused/appel­lant Vikka. Sri Manendra Singh, Patwari, to whom the report was made, prepared Check Report (Ext.A-5) on the basis of report (Ext.A-1), and started the inves­tigation of the case. He took the dead body of the deceased in his possession and prepared Inquest Report. He also prepared other necessary papers and sample seal and got sent the dead body for postmortem examination in a sealed cover. P.W.5 Dr. Gyanendra Singh on 03.11.2000 conducted postmortem ex­amination of the dead body and pre­pared Autopsy Report (Ext.A-4). In the opinion of the Medical Officer cause of death was coma due to ante mortem in­juries No. 1 and 2 recorded in the Au­topsy Report. The Investigating Officer interrogated the witnesses and got re­corded the statements of P.W.1 Smt. Roshni (wife of the accused Vikka) and that of P.W.2 Kundanu, under Section 164 Cr.P.C. by P.W.4 Ghanshyam Singh, Sub Divisional Magistrate, Tehri. P.W.1 Roshni in her statement under Section 164 Cr.P.C. disclosed that she saw accused/appellant Shankra beat­ing deceased (Balbir) and Vikka was standing there. In his statement under Section 164 Cr.P.C, P.W.2 Kundanu lal told the Sub Divisional Magistrate that he saw Shankra beating Balbir. Both these witnesses have further dis­closed that when Shankra was beating Balbir, Vikka was standing with him (Shankra). After completion of the in­vestigation, the Investigating Officer P.W.6 Manendra Singh, Patwari, sub­mitted Charge Sheet (Ext.A-9) against both the appellants, namely, Shankra and Vikka, for their trial relating to of­fence punishable under Section 302 I.P.C.
(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary cop­ies to the accused, as required under Section 207 of Cr.P.C., appears to have committed the case to the court of Ses­sions for trial. Learned Sessions Judge, after hearing the parties, framed charge of offence punishable under Section 302 I.P.C. against the accused Shankra and one punishable under Section 302 read with Section 34 I.P.C. against accused Vikka, to which both of them pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Smt. Roshni (wife of accused Vikka, an eyewitness); P.W.2 Kundanu, an eyewit­ness; P.W.3 Smt. Tara Devi, complain­ant and widow of the deceased; P.W.4 Ghanshyam Singh, Sub Divisional Mag­istrate, Tehri; P.W.5 Dr. Gyanendra Singh, who conducted postmortem ex­amination and P.W.6 Manendra Singh, Patwari, who investigated the crime. The Oral and documentary evidence was put to both the accused under Section 313 Cr.P.C., in reply to which they alleged the same to be false. However, they did not adduce any evidence in defence. Af­ter hearing the parties, the trial court found both the accused guilty of the charge framed against them and con­victed them accordingly. After hearing the parties on sentence, the trial court vide impugned order sentenced each one of the convicts to imprisonment for life and also directed each one of them to pay fine of Rs.2,000/-, in default of pay­ment of which, the defaulter was re­quired to undergo further three months' simple imprisonment. Aggrieved by said judgment and order dated 21.12.2001 passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 1 of 2001, the appellants preferred these two appeals from jail through Superintend­ent, District Jail, Haridwar.;