SANJEEV KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) In these appeals, by special leave, the appellants have challenged the judgment and order dated 8th April, 2011 passed by the High Court of Uttarakhand at Nainital, in Criminal Appeal No.675 of 2001, whereby the High Court has dismissed the appeals preferred by the appellants herein and confirmed the judgment and order of the Additional Sessions Judge/Special Judge, Anti Corruption, U.P. (East), Dehradun, convicting the appellants under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short "I.P.C.") and sentencing them to life imprisonment and to pay a fine of Rs.10,000/- each.

(2.) The facts pertinent to the case, as unfolded by the prosecution, are that on 24.9.96 at about 10:30 A.M., Vipin Singh Negi, Alok Chandana, Suyesh Kukreti and Rajneesh Chhatwal were standing near the cycle stand, situated within the campus of D.A.V. (P.G.) College, Dehradun and at the same time, accused Dheeraj Kalra along with Rish Kumar, Som Prakash, Saurabh, Nitin @ Vippu, Bhagat and Sanjeev Kumar @ Happy armed with Lathis, Knives and Khukries reached there and asked Vipin Singh Singh Negi and Alok Chandana to withdraw their names from the election of Commerce Faculty of the College. When they refused to withdraw their names from the election, they were assaulted by the accused persons with the help of their respective arms. As a result this assault, Alok Chndana and Vipin Singh Negi received serious injuries. Alok Chandana was immediately taken to Coronation Hospital by some College students but he succumbed to his injuries on the succeeding day. Vipin Singh Negi lodged a written complaint of the incident at the Police Station, Dalanwala. On the strength of his written complaint, a case was registered on the same day at 11:00 A.M. as Case Crime No.275/96 under Sections 147, 148,149, 307, 323 I.P.C., which was later converted under Section 302 I.P.C.

(3.) Charges were framed against all the accused persons under Section 148 and Section 302 read with Section 149 of I.P.C. An additional charge was framed against accused Rishi Kumar, Saurabh and Dheeraj under Sections 147 and 323 read with Section 149 of I.P.C. Likewise additional charge was framed against accused Sanjeev @ Happy, Som Prakash, Nitin @ Vippu and Bhagat under Section 302 read with Section 149 of I.P.C. Charges were denied by all the accused persons and claimed to be tried. Prosecution, in support of charges, have examined Vipin Singh Negi (PW-1), Dheeraj Negi (PW- 2), Suyesh Kukreti (PW-3), Rajneesh Chatwal (PW-4), Dr. Ajay Sharma (PW-5), Dr. C.M. Tyagi (PW-6), A.S.I. Rajendra Pal (PW- 7), Dr. Bharat Kishore (PW- 8), Mahendra Pal Sharma (PW-9), Const. 493 Anil Kumar (PW-10), Virendra Kumar Sharma (PW-11) and Sub Inspector Prem Pal Singh (PW-12).