IMRAN KURBAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) These two appeals, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C) are directed against the judgment and order dated 06.12.2003, passed by IV Fast Track Court/Additional Sessions Judge, Haridwar, in Sessions Trial No. 312 of 2001 and Sessions Trial No. 313 of 2001, whereby appellants Imran, Bhura and Nisar are convicted under section 302 read with section 34, and under section 427 read with section 34 I.P.C. By the same judgment appellant Iqbal has been convicted under section 302 and 427 I.P.C. He has been further convicted under section 25 Arms Act, 1959. Each of the appellants Imran, Bhura, Nisar @ Ghada have been sentenced to imprisonment for life under section 302 read with section 34 IPC, and rigorous imprisonment for a period of one year under section 427 read with section 34 IPC. Appellant Iqbal is also sentenced to imprisonment for life under section 302 IPC, and rigorous imprisonment for a period of one year under section 427 IPC. He (Iqbal) has been further sentenced to rigorous imprisonment for a period of one year under section 25 Arms Act, 1959.

(2.) Heard learned counsel for the parties and perused lower court record.

(3.) Prosecution story in brief is that Ramesh Chand (deceased), P.W.3 Balesh Kumar and Prakashi, purchased land situated in village Sikandarpur within the limits of police station Bhagwanpur, District Haridwar, in December, 2000. Names of the said purchasers were also recorded in the revenue record. On 08.04.2001, Ramesh Chand (deceased) alongwith his son P.W.1 Sandeep Kumar, P.W.2 Pradeep, P.W.3 Balesh, Pitamber Singh (father of the deceased) and one Janeshwar went to sow sugarcane over the land purchased. At about 11:15 a.m., accused/appellants Iqbal, Bhura, Imran, and Nisar armed with deadly weapons came to the spot and challenged Ramesh Chand (deceased) to dare sow the field, in reply to which Ramesh Chand also challenged the accused/appellants to stop him from cultivating the field if they can. The prosecution case is that accused/appellants Bhura, Imran, and Nisar exhorted Iqbal to kill Ramesh Chand on which Iqbal fired shots at him. Ramesh Chand suffered fire arm injuries on the chest and died on the spot. P.W.1 complainant Sandeep Kumar and others raised alarm. However, the four accused after committing murder set a motor- cycle bearing registration no. U.P.M. 3685 on fire and asked the complainant and others not to dare come back again to take possession of the field. Leaving the dead body of his father Ramesh Chand at the spot, P.W.1 Sandeep Kumar went to the Police Station Bhagwanpur and gave first information report (Ex. A1) at 12:10 hours on 08.04.2001, on the basis of which check report (Ex. A11) was prepared, and crime no. 62 of 2001, was registered by the police, against the four accused/appellants namely Iqbal, Imran, Nisar and Bhura, relating to offences punishable under section 302, 436, 427, 506 IPC. The investigation was taken up by P.W.4 Sub-Inspector R.K. Awasthi, who went to the spot, sealed the dead body and prepared inquest report (Ex. A2). The Police also prepared sketch of the dead body (Ex. A6), police form no. (Ex. A8), sample seal (Ex. A9), and letter to the Chief Medical Officer (Ex. A7) requesting for post-mortem examination of the dead body. The post-mortem examination was conducted by P.W5 Dr. Rajeev Verma, on the next day i.e. 09.04.2001, at about 11:30 a.m. The said medical officer found the two fire arm wounds of entry and two fire arm wounds of exit on the dead body as ante-mortem injuries and prepared the autopsy report (Ex. A10). He opined that cause of death of deceased was shock and hemorrhage as a result of ante-mortem injuries. Meanwhile the investigating officer took stained soil, simple soil and also burnt motor-cycle from the spot and prepared memorandums (Ex. A3 and Ex. A4). A site plan (Ex. A5) was also prepared by the Investigating Officer. The investigation later appears to have been entrusted to P.W.6 Sub- Inspector Rajpal Singh and finally completed by P.W.8 Sub-Inspector B.S. Sengar. After interrogation of witnesses and collecting the evidence, he (P.W8) submitted charge sheet (Ex. A14) against all the four accused/appellants namely Iqbal, Imran, Nisar, and Bhura for their trial in respect of offences punishable under section 302, 436, 427, 506 IPC. A separate charge sheet was filed against Iqbal for his trial in respect of offence punishable under section 25 Arms Act, 1959, as pistol was recovered from his possession in respect of which crime no. 73 of 2001, was registered and investigated.