JEETU AND ANOTHER 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 26.09.2005, passed by Sessions Judge / II F.T.C., Haridwar, in Sessions Trial No. 403 of 2001, whereby said court has convicted accused / appellants Jeetu and Raju under Section 302 read with Section 34 and 452 of the Indian Penal Code, 1860 (for short I.P.C.), and each one of them has been sentenced to imprisonment for life and also directed to pay a fine of Rs. 5,000/ - under Section 302 read with Section 34 of I.P.C. The accused / appellants have also been sentenced to rigorous imprisonment for a period of three years and also directed to pay a fine of Rs. 2,000/ - under Section 452 of I.P.C. The trial court also directed that in default of payment of fine relating to offence punishable under Section 302 read with Section 34 of I.P.C the accused / appellants shall further undergo rigorous imprisonment for a period of six months and in default of payment of fine relating to offence punishable under Section 452 of I.P.C. each one of the accused / appellants shall further undergo rigorous imprisonment for a period of two months. Both the sentences are directed to run concurrently.

(2.) WE have heard learned counsel for the appellants, learned Addl. Government Advocate for the State and perused the lower court record.

(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused as required under Section 207 of Cr.P.C., committed the case to the court of Sessions for trial. On 21.11.2001, learned Sessions Judge, Haridwar after hearing the parties, framed charge of offences punishable under Section 323, 324, 302/34 and 452 of I.P.C., against both the accused, to which they pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Jitendra Kumar (informant and eyewitness), P.W.2 Jagpal (injured eyewitness); P.W.3 Piyush (injured eyewitness); P.W.4 Smt. Sumitra (injured eyewitness and mother of the deceased); P.W.5 Dr. P.K. Bhatnagar (who conducted postmortem examination); P.W.6 H.C. Jagat Singh (who prepared chick FIR); P.W.7 Contsable Satendra Tyagi (witness of preparation of recovery memo of the weapon); P.W.8 S.I. Jasbeer Singh Gilll (who started the investigation); P.W.9 Dr. Suresh Agarwal (who examined injuries on the person of injured Tungal); P.W.10 Dr. O.P. Agarwal (who examined injuries on the person of the witnesses Piyush, Smt. Sumitra and Jagpal); P.W.11. S.O. Kuldeep Singh Aswal (who submitted charge sheet against the accused). The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which they alleged the evidence adduced against them to be false. They pleaded that they have been falsely implicated in the crime. In defence, D.W.1 Smt. Anita (w/o accused Jeetu); D.W.2 Satnam Singh (taxi driver) were produced. After hearing the parties, the trial court found that prosecution has successfully proved charges of offences punishable under Section 452 and 302 read with Section 34 of I.P.C. against both the accused and convicted them accordingly. However, the trial court acquitted the accused from the charge of offences punishable under Section 323 and 324 of I.P.C. giving them benefit of doubt. After hearing on sentence, the convicts Jeetu and Raju were sentenced to imprisonment for life under Section 302/34 of I.P.C. and rigorous imprisonment for a period of three years under Section 452 of I.P.C. Fines were also imposed. Aggrieved by said judgment and order dated 26.09.2005, this appeal is preferred by the convicts.