SANJAI KHULBEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT -Sanjay Khulbey has challenged the judgment and order dated 27.01.1998 passed by the Vth Additional Sessions Judge, Nainital in Session Trial No. 316 of 1997 whereby he has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short I.P.C.) and sentenced to life imprisonment and fine of Rs. 5,000/ -. In default of payment of fine he has further been ordered to undergo three months simple imprisonment.

(2.) THE criminal law was set in motion on an application (Ex. Ka -2) moved by Smt. Sarita Kandpal (complainant) before the Station House Officer, P.S. Haldwani on 17.05.1993. As per the report, on 17.05.1993 at about 9:30 p.m. Smt. Sarita Kandpal (complainant) alongwith her brother Harish Chandra Durga Pal (hereinafter referred to Harish) was present at the house of her brother. All of a sudden two -three boys started pelting stones and brickbats. They came out and tried to stop the boys, however, accused -Sanjay Khulbey dragged Harish (deceased) towards his house, which is situated close by. Accused -Sanjay Khulbey gave knife injuries on the body of Harish (deceased). When Smt. Sarita Kandpal (complainant) tried to intervene, she was given kick blow by the accused. The occurrence was witnessed by Mahendra Singh Negi and Bachi Singh also. According to complainant, Sanjay Khulbey was having grudge against her brother. The deceased succumbed to his injuries on the spot, however, he was declared dead when he was removed to the government hospital. On the basis of the written application Chick F.I.R. (Ex. Ka -12) was registered on the same day at about 10:50 p.m. in police station Haldwani, which is at a distance of six kilometers from the place of occurrence.

(3.) ON completion of the investigation, the challan was presented and accused -Sanjay Khulbey was charge sheeted under Section 302 of the I.P.C. to which he pleaded not guilty and claimed trial.