OM PRAKASH @ RAJA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) TWO persons, namely, Nitesh and the present appel­lant Om Prakash alias Israil @ Nazrool @ Raju @ Raju Dass @ Raju Chaudhary @ Safuel Islam were tried before the Additional Sessions Judge, Dehradun in S.T. No. 149 of 1999. By the impugned judgment and order, the trial Court ac­quitted Nitesh, but convicted the present accused-appellant U/Ss 302 and 307, I.P.C. He has been sentenced to death and to pay a fine of Rs. 5000/- with an order to suffer rigorous imprisonment for one year, in default of payment of. fine for the offence punishable u/s 302, I.PC. Under section 307, I.PC. he has been sentenced to undergo R.I. for seven years and to pay a fine of Rs. 2000/- . In default he has been ordered to. suffer R.I. for one year. Both the substantive sentences of imprisonment and in de­fault of payment of fine have been or­dered to run consolatory concurrently. Aggrieved, the accused-appellant has preferred this appeal from jail. Sessions Judge made a reference u/s 366, Cr. PC. for confirmation of death sentence.

(2.) CONSEQUENT upon the lodging of the FI.R. by Smt. Rama Khanna, PW.1 the investigation began. The dead bod­ies of three persons were sealed after preparation of the Panchayatnamas Ex. Ka. 8, Ex. Ka. 9, and Ex. Ka. 23 respec­tively of Smt. Bishna Mathur, Sarit Khanna and Brig. (Retd.) Shyam Lal Khanna and sent for post mortem ex­amination. The informant Smt. Rama Khanna, PW.1 was also subjected to medical examination. During spot in­spection recoveries were made including of blood stained Khukri (Ex.16), blood stained sword (Ex. 15), blood stained knife (Ex. 17), blood stained sheath (Ex.14) and chilly powder (Ex.19) vide recovery memos Ex. Ka. 3 to Ex. Ka.7.

(3.) ORIGINALLY , in the charge-sheet the present accused-appellant was shown as absconder. He could be arrested from West Bengal after the passage of five years when his photograph was displayed and incident was telecast in a smoke se­rial under the programme "India's Most Wanted" on Zee T. V Supplementary charge-sheet was, therefore, subsequently submitted by the police against the ac­cused-appellant.