GOVERDHAN BARDHAR,J. - (1.) The instant criminal appeal has been filed by the accused appellant against the Judgment of conviction and sentence dated 18.02.2013 passed by learned Addl. Sessions Judge No. 1, Kishangarhbas (Alwar) in Sessions Cases No. 54/2011 whereby the learned trial court has convicted and sentenced the accused appellant under section 302/34 IPC to life imprisonment and a fine of Rs. 100/-, in default of payment of fine the accused appellant was to further undergo rigorous imprisonment of three months.
(2.) Briefly stated the prosecution case is that Pritam Singh (PW2) and his brother Kapoor Singh (deceased) were returning back from their fields on 13.07.1983, at about 6:30 P.M., Kapoor Singh was going somewhat ahead of Pritam Singh (PW2). At this time accused persons Ram Singh, Bagga Singh and Kala Singh @ Ranjeet Singh came on the spot, armed with farsi, kasia and lathi. All the above three persons attacked Kapoor Singh with the weapons in their hands. Pritam Singh (PW2) raised hue and cry, on which Harnam Singh (PW1) and Tooti Khan (PW2) came on the spot. Tooti Khan (PW2) at that time was grazing she-goats in a nearby field. As soon as the above persons came on the spot the accused persons ran away. The motive for the crime has been stated that there was some dispute regarding the cultivation of some land. Kapoor Singh, in the injured condition was brought in the village and thereafter, taken to Bas Kripal Nagar Hospital. Regarding the alleged incident, Pritam Singh (PW2) lodged an FIR No. 86/1983 (Ex.P1) in the night of 13.07.1983, itself at 10:00 P.M to the S.H.O., Police Station, Kishangarhbas, District Alwar. The Police prepared the Inquest-memo (Ex.P5), collected blood-stained soil, prepared site-plan and also recovered a pair of Chappal and a lathi from the spot.
(3.) After completion of investigation, the police submitted charge-sheet only against Ram Singh (co-accused in this case) and against Co-accused Bagga Singh (accused appellant in this case) and Kala Singh (Co-accused in this case) was filed under section 299 Cr.P.C., 1973 in the competent Court. Accused appellant was arrested on 04.08.2011. Thereafter, the police submitted supplementary charge-sheet against the accused appellant for the offence under section 302/34 IPC. After taking cognizance in the matter by the learned trial court against the accused appellant, the case was committed to the Court of Sessions Judge, Alwar, from where the case was transferred to the learned trial court. The learned trial court thereafter framed the charge against accused appellant under section 302/34 IPC, who denied the charges and claimed to be tried. The prosecution in support of its case got the statements of eight witnesses recorded and eleven documents exhibited. It is pertinent to note that in the matter in hand during the course of trial it was reported that prosecution witnesses Tooti Khan and Badri Narain had died but their statements were got recorded during the course of trial of co-accused Ram Singh, whose trial was concluded separately. The learne trial court, as such, in the light of provisions of section 33 of the Indian Evidence Act, vide order dated 17.12.2012 directed to consider the statements of the prosecution witnesses Tooti Khan and Badri Narain which were recorded during the course of trial of Co-accused Ram Singh as PW2 and PW8 respectively. Thereafter, the accused appellant was examined under section 313 Cr.P.C., 1973 In defence, the accused appellant did not produce any evidence. The learned trial court after considering the evidence led during the course of trial including the statements of Tooti Khan (PW2) and Badri Narain (PW8) convicted and sentenced the accused appellant for the charges levelled against him vide impugned judgment dated 18.02.2013. The accused appellant aggrieved and dissatisfied with the impugned judgment of conviction and sentence has preferred instant criminal appeal.;