JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been filed against the judgment and order dated 30.4.2004, passed by the High Court of Uttarakhand at Nainital, dismissing the Criminal Appeal No.1767 of 2001 against the judgment and order of the Sessions Court dated 9.8.2001 in Sessions Case No.254 of 2000 convicting the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 (hereinafter called ‘IPC’) and sentencing him to life imprisonment and 10 years rigorous imprisonment respectively. The Sessions Court had also imposed a fine of Rs.10,000/-, failing which the appellant has to undergo another 3 years rigorous imprisonment.

2. The facts and circumstances giving rise to this case are that an FIR was lodged on 27.4.2000 at 6.40 P.M. with Police Station, Rudrapur, by complainant Ajit Singh (PW.1) alleging that his grand father Hardayal Singh had given certain shares in his immovable properties to his three sons, namely, Gopal Singh, Joginder Singh and Mahender Singh and denied a share to his father Inderjit Singh and uncle Paramjit Singh, the appellant. The appellant had fraudulently sold a plot at Rudrapur and to prevent him from repeating such act, appellant’s fath