Sudhanshu Dhulia, J.

1. Heard Mr. K.S. Bora, Advocate for the appellants and Mr. K.S. Rautela, A.G.A. for the State.

2. The present appeal arises out of the judgment and order dated 01.12.2000 passed by the Sessions Judge, Chamoli in Sessions Trial No.4/1995, whereby both the appellants i.e. Diwan Singh and Gopal Singh were convicted under Section 304 (II) I.P.C. read with 34 I.P.C. and sentenced to undergo rigorous imprisonment for eight years and a fine of Rs.2,000/- each. In default of payment of fine, the appellants have to further undergo rigorous imprisonment for one year. All the sentences are to run concurrently.

3. The incident is said to have been taken place in a hill area in Uttarakhand. It must be stated here at this juncture that in most of the hill areas of Uttarakhand, a revenue official such as “Patwari” is vested with police powers – a system which was started by the British and still continues.

4. The brief facts of the prosecution story are that the Gram Pradhan, Gram Sabha Kurad (Tharali) lodged a First Information Report on 29.07.1995 with the Sub Divisional Magistrate, Tehsil Tharali, District Chamoli alleging therein that Ram Chandra S/o late Keshwanand