LALIT PURI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) ACCUSED -Lalit Puri stood trial for the offences punishable under Sections 302, 323, 504 of the Indian Penal Code, 1860 (in short I.P.C.) and Section 25/4 of the Arms Act. He has been convicted under Section 302 of the I.P.C. by the judgment and order dated 03.12.2003 passed by the Additional Sessions Judge/F.T.C. No. III, Dehradun in Sessions Trial No. 85 of 2003 and has been sentenced to undergo life imprisonment and a fine of Rs. 5,000/ -. In default of payment of fine he has further been ordered to undergo one -year rigorous imprisonment. He has also been convicted for the offence punishable under Section 25/4 of the Arms Act and sentenced to one year rigorous imprisonment and a fine of Rs. 1,000/ -. In default of payment of fine, he has further been ordered to undergo six months simple imprisonment. Both the sentences have been ordered to run concurrently. However, the accused -appellant has been acquitted of the charges under Sections 323 & 504 of the I.P.C.

(2.) THE criminal law was set in motion on the statement of Anoop Thapa, brother -in -law of Rajendra Kukreti (deceased). He submitted a written complaint (Ex. Ka -1) before the S.H.O. police station Claimant Town, Dehradun stating therein that on 15th May 2003, he went to meet his brother -in -law Rajendra Kukreti, who was working in the shop of country made liquor at Shastri Nagar Canteen near legislative assembly. At that time injured -Manoj (PW -2) was also present. Around 6:30 p.m. accused -Lalit Puri came inside the canteen and took out a knife from the side of his waist while hurling abuses. He caused several injuries on the person of Rajendra Kukreti (deceased). Complainant -Anoop Thapa and Manoj tried to intervene and in the process Manoj also received injuries. Thereafter accused -Lalit Puri pushing away the complainant and Manoj, ran out of the canteen. On raising alarm by both of them, two police officials, namely, constables Dalip Singh and Ashok Rana reached the spot. With their help injured was removed to Doon Hospital. Rajendra Kukreti succumbed to his injuries on the way.

(3.) ON the basis of the written complaint, Chick F.I.R. (Ex. Ka -5) was recorded by Mohan Singh (PW -5) in police station Claimant Town at 8:45 p.m., which was at a distance of 13 kilometers. General Diary report in this respect is Ex. Ka -6. The investigation was conducted by S.O. Chandan Singh Bisht (PW -6). The Invesetigating Officer lifted bloodstained earth and simple earth from the place of occurrence vide memo Ex. Ka -2, which was sent to the Forensic Science Laboratory for examination. The report of the Forensic Science Laboratory is Ex. Ka -28. The inquest report was prepared by S.I. Devindra Singh (PW -7), who also investigated the case against the accused -appellant under Section 25/4 of the Arms Act. Accused -appellant was arrested on 16th May 2003. During the course of interrogation, he got recovered the knife, which was used in the crime. The same was taken into possession vide memo Ex. Ka -3 and site plan of the place of recovery (Ex. Ka -13) was also prepared. The F.I.R. under Section 25 of the Arms Act against the accused -appellant was also registered (Ex.Ka -14). Injured -Manoj (PW -2) was also examined on the date of occurrence.