SANDEEP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 16/12/2011 passed by the High Court of Uttarakhand at Nainital [hereinafter shortly referred to as "the High Court"], in Criminal Appeal No.65 of 2006 [Sandeep v. State of Uttarakhand], whereby, the High Court dismissed the said appeal and confirmed the judgment and order dtd. 16/5/2006 passed by the Additional Sessions Judge / First Fast Track Court, Roorkee, District Haridwar [hereinafter shortly referred to as "the Sessions Court"] in Sessions Trial No. 208 of 1998 [State v. Veer Singh and two others].

(2.) The appellant Sandeep along with two others viz., Veer Singh and Dharamveer, was tried for having caused the murder of one Abdul Hameed on 30/10/1997 at 9.45 p.m., and thereby committed the offence under sec. 302 r/w 34 of the Indian Penal Code, 1860 (for short, "the IPC") and sec. 25/27 of the Arms Act, 1959 (for short, "the Arms Act"). The Sessions Court, in the aforesaid Sessions Trial No.208 of 1998, found the appellant guilty of the offence under sec. 302 r/w Sec. 34 IPC, convicted and sentenced him to undergo rigorous imprisonment for life with fine of Rs.1,000.00, in default to undergo rigorous imprisonment for a further period of three months, while acquitting the other two co-accused. The Sessions Court in the connected Sessions Trial No.209 of 1998 [State v. Sandeep], acquitted the appellant of the offence under sec. 25/27 of the Arms Act. Feeling aggrieved and being dissatisfied with the judgment of conviction and sentence passed by the Sessions Court in Sessions Trial No.208 of 1998, the appellant went on Criminal Appeal No.65 of 2006, which ended in dismissal by the impugned judgment and order dtd. 16/12/2011 passed by the High Court.

(3.) Shorn off unnecessary details, the case of the prosecution is that on 31/10/1997, one Kale Hasan (P.W.1 / complainant) S/o Abdul Hameed, resident of village Dosni, lodged a written report (Ext.A-1) to Police Station Laksar, District Haridwar, alleging that on the midnight of 30/10/1997, while his father Abdul Hameed (deceased) and his mother Mangti were sitting in their courtyard and were talking to each other, at about 09:45 p.m., four persons viz., Veer Singh S/o Jaswant Singh, Mintu S/o Molhar, Dharamveer S/o.Brhampal and Sandeep (appellant herein), all residents of Dosni village, came there and told to his father that they would teach him a lesson for refusing to give them jaggery (GUR) and shot at his father. On hearing the sound of the gun-shot, the complainant, along with Gufran Ali (P.W.2) and Naseem, reached the courtyard and saw that all the four accused persons, after shooting, were fleeing away from the scene of crime. Thereafter, the injured Abdul Hammed was taken to the Government Hospital, Laksar for treatment, where the doctor declared him dead.