SURAJ SINGH NEGI Vs. STATE

JUDGEMENT

(1.) Since both the appeals arise out of the same judgment and order, they are being decided by this common judgment.

(2.) These appeals preferred by the appellant-Suraj Singh Negi under Section 374 of Cr.P.C. are directed against the judgment and order dated 12.01.2007 passed by Sessions Judge, Dehradun, in Sessions Trial No. 118/2005, State v. Suraj Singh Negi, whereby the learned Sessions Judge convicted accused-appellant Suraj Singh Negi under Sections 302 and 201 I.P.C. The Sessions Judge while convicting the accused-appellant under Section 302 I.P.C. sentenced him to undergo life imprisonment and fine of Rs. 10,000/- and in default of payment of fine he has been directed to undergo further one year rigorous imprisonment. The Sessions Judge while convicting the accused-appellant under Section 201 I.P.C. sentenced him to undergo rigorous imprisonment for seven years and fine of Rs. 5,000/-and in default of payment of fine he has been directed to undergo further rigorous imprisonment for six months. Both the sentences were directed to be run concurrently.

(3.) Prosecution story in brief is that in the intervening night of 9/10-12-2003 accused Suraj Singh Negi was to guard the military store. When he was sleeping in the barrack and he had to relieve Lans Naik Harendra Bhatt who was on guard duty from 10.00 p.m.-12.00 night, at about 11.15 in the night Lans Naik Harendra Bhatt awoke the accused and asked him to relieve him and to be on duty from 12.00 night. At about 1.30 in the night Lans Naik Harendra Bhatt heard noise of explosion from store room and saw fire in the store room. Lans Naik Harendra Bhatt raised alarm and in attempt to extinguish the fire, started pouring water in the store room. On hearing cries of Lans Naik Harendra Bhatt, another army man Anand Singh reached there and helped him in extinguishing the fire by throwing the water inside the store room through its window. They ultimately succeeded in extinguishing the fire and peeped through the window and found a badly charred body of a person lying inside. Lans Naik Harendra Bhatt informed his next superior B.H.M. who telephonically informed the Senior Commandant. They reached at the place of occurrence and found a burnt and charred dead body inside the storeroom. They also found a military jersey along with nameplate and military shoes lying by the side of the dead body. As accused was on Santry duty, they called for the accused but he did not turn up and as half burnt military dress was lying along with dead body with name plate, they though that accused has been burnt to death. Thereafter, they called for accused's father who recognized the body as that of his son the present accused Suraj Singh Negi. In the morning police was informed through written information (Ext.Ka.12) by the military authorities and then Panditwari Chowki Incharge of P.S. Cantt Sri Surendra Singh Bhandari (PW-1) went to the spot and found a completely burnt dead body lying therein with military dress and nameplate thereon. He also found the father of the accused along with few relatives present there. Some military personnel were also there and they told that S.I. that the body is of Rifleman Suraj Singh Negi. The S.I. appointed Panchas, prepared Panchayatnama (Ext.Ka.1) and other necessary papers like Photo Lash, Challan Lash etc. (Ext.Ka.2 to Ext.Ka.4) and after sealing the dead body, sent the same for post mortem through Constable Deepak Kumar and Surya Prakash Dabral. Dr. R.K. Tamta (PW-5) conducted the autopsy on the dead body and found 95% burn injuries and was of the view that deceased died on account of asphyxia in the night of 9-10/12/2003 due to aforesaid 95% burn injuries. Thereafter, certain monetary benefits to the father of accused and thus the chapter closed there presuming death of the accused in said fire in store room. However accused was arrested in connection with some crime by police of Kotwali Bhatinda Punjab and there he admitted that he is deserter from army. Police Station Kotwali Bhatinda passed this information to Dehradun Police and S.I. Surendra Singh Bhandari (PW-1) was directed by senior officers to re-enquire the matter, who went to District Bhatinda and came to know that accused Suraj Singh Negi, the person whom the military personnel as well as his father believed to be dead, is not dead but alive. S.I. Surendra Singh Bhandari on return to Dehradun lodged a oral report at P.S. Cantt which was reduced in writing by Constable Raj Kumar and thus a case crime under Sections 302, 201, 120B and 420 I.P.C. was registered against the accused as well as his paramour Renu vide Ext.Ka.5 and Ext.Ka.7 by Constable Clerk Raj Kumar (PW-8). Investigation of the case was taken over by PW-12 Vinod Kumar Sharma, the then S.O. Cantt. Dehradun, who recorded the statement of accused in which he confessed his guilt. Onward investigation w.e.f. 11.9.2005 was handed over to S.I. Vijay Chand Singh Gusain who recorded the statements of few other witnesses and ultimately submitted charge sheet (Ext.Ka.17) against the present accused-appellant Suraj Singh Negi in the court of Chief Judicial Magistrate, Dehradun.