RAMESH ALIAS MAMOO Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal arises out of session trial No. 27 of 1997 under Section 302/34 Indian Penal Code (from hereinafter referred to as "Indian Penal Code") and session trial No. 28 of 1997 under Section 25 of the Arms Act, both registered at P.S. Kotwali, Haridwar. The trial court has convicted the present Appellant under Section 302 Indian Penal Code, and has sentenced him for life imprisonment, and acquitted him under Section 25 of the Arms Act, by giving him benefit of doubt whereas the other accomplice Mahendra Singh has been acquitted by the trial court by giving him benefit of doubt as though the First Information Report says that the informant does not know the name of the accomplice and could be identified, yet no identification was done for co-accused Mahendra Singh.

(2.) Brief facts of the case as per the First Information Report are as follows:

(3.) The prosecution in support of their case examined as many as nine witnesses. P.W. 1 Rakesh who is brother of the deceased and the first informant and an eyewitness to the incident, P.W. 2 is the mother of the deceased, who is also an "eye-witness to the incident, P.W. 3 is the writer of the FIR, P.W. 4,5, 7,8 and 9 are police officials who are related to inquiry/ investigation in the matter and P.W. 6 is the doctor who conducted autopsy on the body of the deceased.