YOGESH @ YOGI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) All these three appeals are directed against the judgment and order dated 10.06.2004, passed by Ist Fast Track Court/Additional Sessions Judge, Roorkee, District Hardwar, in Sessions Trial No. 115 of 2002, where by Appellant Yogesh @ Yogi has been convicted under Section 302, and sentenced to imprisonment for life and directed to pay fine of 1000/-. He has been further convicted under Section 307 read with Section 34 I.P.C., and sentenced to rigorous imprisonment for a period of five years and also directed to pay fine of 1000/-. Appellant Moni @ Raman has been convicted under Section 302 read with Section 34 I.P.C, and sentenced to imprisonment for life and directed to pay fine of 1000/-. He has been further convicted under Section 307 I.P.C and sentenced to rigorous imprisonment for a period of five years, and directed to pay fine of 1000/-. The other two accused Respondents Neeraj and Ramnath have been acquitted of the charge framed against them. As such, the Government has also filed an appeal challenging the acquittal of said two accused.

(2.) We heard learned Counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 24.11.2001, PW1 Ved Prakash lodged First Information Report (Ex-A1), at Police Station Laksar, at about 5 pm. It is stated in the First Information Report that on 24.11.2001, at about 8.am Smt Mitto, wife of Om Prakash, was all alone in her house when accused/Appellant Yogesh molested her. When Om Prakash (deceased) came to his house at 9.am, he was told about the incident by his wife Mitto. Thereafter, Om Prakash went to the house of Ramnath (father of Yogesh) complaining about behavior of his son, and he came back. Accused/Appellant Yogesh accompanied accused/Appellant Moni, and two others namely Ramnath and Neeraj came to the house of Om Prakash at about 4 pm. They quarreled with Om Prakash and accused /Appellant Yogesh fired a shot point blank on the abdomen of Om Prakash. When PW3 Gulab Singh, brother of Om Prakash tried to intervene, he was assaulted by accused/Appellant Moni, with knife. PW1 Ved Prakash brother of the injured and deceased was also in the house. When other persons started getting collected accused/Appellants ran away. Immediately, after the incident injured Gulab Singh was taken to Pappu Nursing Home from where he was referred to Government Hospital, where his injuries were medically examined by PW4 Dr. Bhrama Singh on the very day (at 7.15 pm). His father Om Prakash was also taken to the hospital but he was declared brought dead. Within one hour of the incident the First Information Report which was lodged . On the basis of said report crime No. 272 of 2001, relating to offence punishable under Section 302 and 307 was registered at police station Laksar, against accused/Appellant Yogesh, Moni their brother Neeraj and their father Ramnath. The investigation was conducted by PW6 D.S. Panwar, who rushed along with other police personnel to the spot. PW9 Sub Inspector Ranveer Singh took dead body of Om Prakash in his possession, and prepared inquest report ( Ex A-11) at about 5.30 pm. He further prepared sketch of the dead body ( Ex A-12), police form No. 13 (Ex A-13), letter to Chief Medical Officer (Ex A-14) requesting for post mortem examination and sample seal (Ex A-15). The dead body was sent for post mortem examination. PW5 Dr. S.S. Lal conducted post mortem examination on 25.11.2001, at 9.45 am, and recorded the ante mortem injuries including one fire arm injury and prepared autopsy report (Ex-A3). He opined in his report that deceased had died due to shock and hemorrhage, due to ante mortem fire arm injury. Meanwhile, the Investigating Officer interrogated witnesses, and after inspection got prepared site plan ( Ex A-18). After the arrest of the accused as per the prosecution case during investigation fire arm used in the crime was recovered on pointing out of accused/Appellant Yogesh, and knife was recovered on pointing out of accused/Appellant Moni. Separate criminal cases were registered under Section 25 of Arms Act, 1959, against the two accused relating to unauthorized possession of the arms. Said crime were also investigated, and charge sheets were filed. In connection with the murder of Om Prakash and attempt to committed murder of Gulab Singh charge sheets (Ex A-8) was filed by the Investigating Officer for their trial, against all the four accused namely Yogesh @ Yogi, Neeraj, Moni and their father Ramnath.