RAM CHANDRA VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal by special leave is directed against the judgment and order passed by the High Court of Uttarakhand at Nainital in Criminal Jail Appeal No. 243 of 2006, dated 18.11.2009. By the impugned judgment and order, the High Court has confirmed the judgment and order passed by the Additional Sessions Judge/Second Fast Track Court, Udham Singh Nagar, Uttarakhand in Session Trial No. 68 of 2003, whereby and whereunder the learned Trial Judge has convicted the accused person under Section 302 of the Indian Penal Code, 1860 (for short "the Indian Penal Code) and sentenced him to undergo imprisonment for life along with a fine of Rs. 5,000/ - and, in default of payment of fine, to further undergo imprisonment of one year.

(3.) THE prosecution case in brief is: On 29.11.2002, the Appellant -accused and one Sunil Kumar Verma (for short 'the deceased') were returning home from work on a bicycle. The Appellant was the pillion rider on the said bicycle driven by the deceased. On the way, the Appellant shot at the back of the deceased's head by a country made pistol, where after the deceased fell from the bicycle and died on the spot. PW -1, Anil Kumar Verma and PW -2, Mohd. Sazid witnessed the incident while they were heading towards the house of the deceased. They tried to catch hold of the Appellant however he fled away. Thereafter, PW -1 lodged an FIR at P.S. Jaspur for offence punishable under Section 302 of the Indian Penal Code.