HARWINDER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both the above -captioned appeals have been preferred against the same judgment and order of conviction, these are being decided by this common judgment and order. Criminal Appeal No. 115/2010 has been jointly preferred by accused convicts Harwinder @ Sonu and Jasveer Kaur against their conviction under Section 302/34, 201/34 IPC in ST No. 13/2005 (Crime No. 193/2004), while connected Criminal Appeal No. 116/2010 has been filed by the accused convict Harwinder @ Sonu against his conviction under Section 177, 181 of the Motor Vehicles Act in ST No. 14/2005.

(2.) SINCE offences under Motor Vehicles Act were in connection with the crimes under the Indian Penal Code, so both the aforesaid Sessions Trial No. 13/2005 and Sessions Trial No. 14/2005 were clubbed and tried together. These were adjudicated by the impugned judgment and order of conviction dated 6.4.2010, rendered by the Sessions Judge, Pauri Garhwal. Appellants Harwinder @ Sonu and Jasveer Kaur (here in after referred to as 'A1' and 'A2' respectively) are real brother and sister. A1 and A2 were convicted for the offences under Section 302/34 and 201/34 IPC and each one of them have been sentenced to undergo life imprisonment for the offence under Section 302/34 IPC and fine of Rs. 10,000/ - each. For the offence under Section 201/34 IPC, each one of them have been sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs. 1,000/ - each. For the offences under Section 177 and 181 of the MV Act, fine of Rs. 100/ - and Rs. 500/ - respectively have been imposed on the accused Harwinder @ Sonu.

(3.) THE rafters in the river Ganges somehow noticed the injured Karan Kapoor, who was lying unconscious beside the deceased Sukhpal @ Titu, and shifted him to the Rishikesh Hospital. This way, the deceased Sukhpal @ Titu's dead body remained lying at the spot in the jungle almost hanging on the bank of river Ganges and it was discovered by one Udai Singh Negi, who informed the police on 21.10.2004 at 9.05 AM. The general diary entry of this information is Ex. Ka -2. So, the police took the dead body in its possession, the recovery memo of the body is Ex. Ka -3. Photographs of the dead body were snapped. Meanwhile, the police also came to know about the admission of Karan Kapoor in the Rishikesh Hospital and showed him the photographs of the dead body, but he expressed his inability to identify the deceased. Police also recovered one mobile phone of Motorola company from the pocket of the deceased and from the log of the call details contained in the cell phone, it was found that the last call was made on a particular number to Ludhiyana, Investigation Officer could find out that this last phone call was made to a landline number installed in the house of Karan Kapoor, which was found closed when the Investigation Officer reached there. He could also trace out Nirmal Kumar, a resident of Ludhiyana and the real brother of deceased Sukhpal @ Titu, who identified the body of the deceased and said that his brother Sukhpal @ Titu had started living in Sahibabad with his father -in -law Charanjeet Singh. A1 and A2 were also residing with Charanjeet Singh. When the Investigation Officer reached to Sahibabad in order to inquire Charanjeet Singh, then he disclosed about hiring of a taxi and the pleasure trip, as stated above. He further disclosed that on 20.10.2004, his daughter A2 and son A1 returned from the trip without taking along Sukhpal @ Titu and Karan Kapoor with them. Charanjeet Singh also identified the photographs of the deceased to be of his son -in -law Sukhpal @ Titu. Then the entire theme could be highlighted along with the identity of the taxi owner Vinay Kumar Sharma and the driver Nikesh Kumar Tiwari.