SANJIV JETHI @ RAJA Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal, U/S 374(2) Cr.P.C., has been preferred against the judgment and order dated 4.10.1999, passed by Addl. Sessions Judge -I, Dehradun, in S.T. No. 243 of 1996, convicting the accused/appellant for an offence U/S 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo R.I. for three months.

(2.) BRIEF facts of the prosecution case are that on 5.6.1996, complainant Yashpal Gupta lodged written report, Ext. Ka -1, at Police Outpost Bindal, P.S. Cantt. District Dehradun, with the allegations that he is posted as Assistant Engineer in Irrigation Department, Roorkee. His family lives at T -4/2, Yamuna Colony Dehradun. On 4.6.1996 he had come to Roorkee along with his family. His son Romil Gupta aged 18 years, a student of 12th class, alongwith his friends Ajay Pandey, Rajiv Rajpal, Dinesh Kashyap and Manish Sharma, all residents of Yamuna Colony, used to go on morning walk daily on Mall Road. On 5.6.1996 also they had gone on morning walk. He and his wife had also gone for a walk on Mall Road. At about 6.30 A.M. when they reached near the gate of Doon School, they saw that Nishu, his companion Paramjit Bari and Sanjiv @ Raja Jethi has surrounded their son and Sanjiv @ Raja gave knife blow to his son. The further contention of the complainant is that companions of his son and he and his wife tried to save his son Romil, the accused Sanjiv @ Raja and his companions also beat them and after giving them the threats of life fled away towards power -house. Seeing the incident parents of Romil became unconscious. Companion of Romil brought the injured to Hospital and when they regained their consciousness, they found Romil dead in the hospital. On the basis of written report, chick F.I.R., Ext.Ka -5, was prepared and a case crime No. 18/1996, U/S 302/34 I.P.C. was registered against the accused in G.D. report No. 17 at 10.50 A.M. carbon copy of which is Ext. Ka -5.

(3.) THE investigation of the crime was handed over to S.O. Haider Raza Zaidi. He recorded the statement of Dinesh Kashyap on 5.6.1996. The I.O. visited the place of occurrence and prepared the site plan Ext. Ka -10. The inquest, Ext. Ka -12, on the dead body of deceased Romil was conducted by S.I. Ajay Chauhan. Thereafter the dead body was sent for post mortem. The witnesses Ajay Pandey, Dinesh Kashyap and Rajiv Rajpal also sustained injuries in the incident, therefore, they were sent for medical examination. On 6.6.1996 the I.O. arrested accused Paramjit. Thereafter the I.O. arrested the accused Azad Arora. He also arrested accused Nisu. Thereafter he was transferred to P.S. Sahaspur and further investigation was conducted by S.O. Ramanpal Singh. The accused Sanjiv Jethi was arrested and on 20.6.1996, on his pointing out the weapon of assault, i.e. knife was got recovered from near the bushes in front of Doon School at Mall Road. The I.O. prepared recovery memo, Ext. Ka -2 and sealed the knife in a cloth.