PAPPU ALIAS PUPENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 20.05.2002, passed by Addl. Sessions Judge, Roorkee, District Hardwar, in Sessions Trial No. 147 of 1997, whereby said court has convicted accused / appellant Pappu alias Pupendra under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.) and sentenced him to imprisonment for life and also directed to pay fine of 5,000/-, in default of payment of which he has been further directed to undergo imprisonment for a period of six months.

(2.) Heard learned counsel for the appellant & learned Addl. Government Advocate for the State and perused the lower court record.

(3.) Prosecution story, in brief, is that on 29.01.1997, Raghuvir, an employee of District Hospital, Haridwar came to police station Kotwali Haridwar and informed that on 28.01.1997, at 01:50 A.M., one person named Mitrasen, aged 80 years, resident of Manglore, who was brought to the hospital in serious condition has breathed his last on 31.01.1997, at 10:30 A.M. Investigation was taken up by P.W.8 S.I. Surendra Nath Yadav on 09.02.1997. During investigation it was found that Mitrasen had one brother named Amrit Singh. Mitrasen had no issue. Amrit Singh has three daughters, out of which Smt. Chinta was married and her matrimonial home is in village Susada, P.S. Jhabreda at Haridwar. Amrit Singh has no son and he used to live with her married daughter Smt. Chinta after disposing of his assets. Deceased Mitrasen has renounced the world and used to live in a temple build by him after entering into an agreement with Bishambar regarding nine bighas of land. Pappu and Munnu, both sons of Smt. Chinta, did not relish this idea. They came to the village and gave threat that anyone who will purchase the land of their grandfather will have to face dire consequences. On 27.01.1997, at about 09:00 P.M., Munnu and Pappu came to village Balchandra Wala. Mitrasen was urinating alongside the road near temple. Both Munnu and Pappu fired shot at him and fled away from the scene of occurrence. On hearing the gunshot, villagers saw both of them running away. Mitrasen was immediately rushed to the hospital for treatment by the villagers, where he breathed his last on 31.01.1997. On 09.02.1997, the first information report (Ext. Ka-12) of the incident, was lodged by S.I. Surendra Nath Yadav. A Crime No. 06 of 1997 was registered against Munnu and Pappu in respect of offence punishable under Section 302 of I.P.C. The case was investigated by P.W.8 S.I. Surendra Nath Yadav. He took the dead body in his possession and prepared inquest report (Ext. Ka-6), site plan (Ext. Ka-10) and other necessary papers. The dead body was sent for postmortem examination in a sealed condition. The postmortem examination on the dead body of Mitrasen was conducted on 31.01.1999, at 11:50 A.M. by P.W.4 Dr. R.R. Verma. The Medical Officer opined in the autopsy report (Ext. Ka-2) that the deceased had died of shock and haemorrhage as a result of ante mortem fire arm injury. The injuries on the person of Mitrasen were earlier examined by P.W.5 Dr. Rajeev Verma, at the time when he was admitted in the hospital for treatment. Said Medical Officer in his injury report (Ext. Ka-3) recorded firearm wound of entry and firearm wound of exit. Both injuries were kept under observation and X-ray was advised. The nature of injury was ascertained to be caused by gunshot (firearm). The duration of injuries was fresh. Before the death of Mitrasen when he was admitted in the hospital in an injured state, P.W.3 Jagmohan Singh, Tehsildar Haridwar, on 28.01.1997, recorded his dying declaration. In his dying declaration Mitrasen has allegedly disclosed names of his grand children Pappu and Munnu who fired shot at him. The reason disclosed for this is that he possesses some land in his name. The accused after selling their land had an evil eye on his land too. Munnu has been released from jail only twenty days ago, and he has committed this crime. He has also disclosed that he recognized both of them. They were coming out from the house of Soran Pradhan. Soran had also purchased land of his brother Amrit. After interrogating the witnesses, and on completion of investigation, P.W.8 S.I. Surendra Nath Yadav submitted charge sheet (Ext. Ka-11) against the accused Munnu and Pappu in respect of offence punishable under Section 302 of I.P.C.