VEERAN LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH these two appeals are directed against judgment and order dated 10.7.2002, passed by Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 443 of 2000, whereby appellants namely Veeran Lal, Rajan Lal and Prabhu Charan are convicted under section 302 read with section 34 of Indian Penal Code, 1860 (for short IPC), and each one of them has been sentenced to rigorous imprisonment for life. Heard learned Counsel for the parties, and perused the Lower Court record.

(2.) PROSECUTION story, in brief, is that P.W.1 Chotte Lal (complainant) used to run a meat shop in Sitarganj. Accused/appellant Veeran Lal had also a meat shop in the neighbourhood. The two also got shops opened to sell the meat in village Padagaon where Baburam (deceased) son of the complainant used to sit. P.W.2 Rahul was servant of the complainant who used to sell meat at the shop at Sitarganj. There was some dispute between 'complainant, and accused/appellant Veeran Lal relating to winning over the customers of each other due to which it is alleged by the prosecution that accused Veeran Lal started harbouring enmity. On 17.7.2000, when Baburam was about to go from Sitarganj to Padagaon at about 3:30 P.M., he was surrounded, and stopped by the three accused/appellants Veeran Lal, Rajan Lal and Prabhu Charan near the shop in Sitarganj, who were armed with knives. The three asked the Baburam not to go, and sell meat in Padagaon. To this, he (Baburam) objected. On this, the three accused assaulted the deceased (Baburam) with knives. To save his life, injured Baburam rushed towards the shop in Sitarganj, but the three accused chased him, and further inflicted knife blows on his person, and killed him. The incident was witnessed by P.W.I Chotte Lal (complainant), and his servant P.W.2 Rahul. Soon after the incident, first information report (Ex. A1) was lodged by Chotte Lal at 16:15 hours on the very day against the three accused Veeran Lal, Rajan Lal and Prabhu Charan that they have committed murder of Baburam in the manner stated above. On the basis of said report, crime No. 337 of 2000, was registered against the three accused relating to offence punishable under section 302 read with section 34 I.P.C., check report (Ex.A5) was prepared, and necessary entry was made in the general diary (extract Ex. A6). P.W.8 Inspector Prahalad Singh took up the investigation and reached at the spot at about 17:25 hours (on 17.7.2000). Inquest report (Ex. A9) was prepared by the police after taking dead body in their possession. The body was sealed. The Investigating Officer got further prepared police Form No. 13 (Ex. A13), sketch of the dead body (Ex. A14), sample seal (Ex. A15), and letter to Chief Medical Officer (Ex. A16) requesting him for postmortem examination. P.W.3 Dr. S.C.S. Koranga, conducted post-mortem examination on the body of Baburam on 18.7.2000 at 11:00 A.M. He recorded as many as six incised wounds, all in the thorax cavity region in the autopsy report (Ex. A2), and opined that deceased had died due to haemorrhage and shock as a result of ante-mortem injuries. Meanwhile, the Investigating Officer, who had inspected the spot prepared site plan (Ex. A23), and interrogated the witnesses. The three accused were arrested during investigation, and knives were recovered from their possession by the Investigating Officer (Separate crime Nos. were registered against the accused/appellants for keeping unauthorized knives which was separately investigated, and charge-sheets were filed). On completion of investigation of this case, the Investigating Officer submitted charge-sheet (Ex. A27) against the three accused namely Veeran Lal, Rajan Laland Prabhu Charan for their trial in respect of offence punishable under section 302/34 I.P.C.

(3.) P.W. 1 Chotte Lal, is the complainant who has stated that he runs a meat shop in Sitarganj near post-office. He has further stated that accused Veeran Lalalso runs his meat shop in the neighbourhood, and the two shops are separated by a road. The witness has further stated that he also got a meat shop opened in village Padagaon for his son Baburam (deceased). He has further narrated that after the dispute of winning over the customers, complainant and accused Veeran Lalentered into oral compromise to run a shop in Sitarganj for seventeen days by Veeran Lal, and for nine days by the complainant. According to this witness, Veeran Laldid not honour the agreement, and used to take away the customers of the complainant. Baburam had asked Veeran Lalnot to interfere with the working of the shop of his father on which Veeran Lal started harbouring the enmity. P.W.I Chotte Lalfurther states that on 17.7.2000, at about 3:30 P.M., his son Baburam was taking meat to Padagaon from the shop situated in Sitarganj but he was intercepted by accused/ appellants Veeran Lal, Rajan Laland Prabhu Charan. All the three accused were armed with knives. The witness further narrates that accused asked Baburam as to why he is selling meat in Padagaon, thereafter the three accused started assaulting Baburam. Baburam Started running towards the shop (in Sitarganj) to save his life but the three accused chased him, and further gave blows with knives, and killed him. According to P.W.1 Chotte Lal, the incident was also witnessed by P.W.2 Rahul. This witness (P.W.1) has proved the F.I.R. (Ex. A1) lodged by him at the police station against the accused. Nothing has come out in the cross- examination of this witness which creates doubt in the statement given by him.