INDRA PAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (for short, Code of Criminal Procedure.), is directed against the judgment and order dated 26.5.2001 passed by the Additional Sessions Judge/First Fast Track Court, Haldwani, District Nainital in sessions trial No. 540 of 1995, whereby the said court has convicted accused Appellant Indra Pal under Section 302 of Indian Penal Code, 1860 (for short, IPC) and sentenced him imprisonment for life.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that deceased Ramvilash Verma (deceased) was in a litigation against Appellant Indra Pal and his family members over a piece of land before the revenue authority. On 07.04.1995 at about 9:30 A.M., accused/Appellant Indra Pal Singh along with other accused, namely, Chandra Pal, Dharam Veer, Rajesh, Navrang and Ramesh came to the house of the deceased, situated in Village-Sakenia within the limits of Police Station-Gadarpur, District-Udham Singh Nagar (earlier Police Station Gadarpur was part of District-Nainital). The accused were armed with rifle, guns, pistols and swords. They fired shots near the house of Ramvilash Verma (deceased). On this, Ramvilash Verma proceeded to report the incident at the Police Station. At about 10:30 A.M., while Ramvilash Verma was on way to Police Station, the accused/Appellant Indra pal Singh armed with Rifle along with his associates stopped him near a culvert about one kilometer from the house of the deceased and fired shot at him. PW1, Samsher Bahadur (son of the deceased), PW3 Mehar Chandra another eye witness, who were following Ramvilash Verma, as some incident had already taken place in his house, witnessed accused/Appellant Indra Pal along with his associates committed murder of Ramvilash Verma. After receiving injuries of bullet, Ramvilash Verma died within no time. PW1 Samsher Bahadur went to Police Station, Gadarpur and gave First Information Report (Ext. A1) at about 11.20 AM on the very day (7.4.1995). On the basis of said First Information Report, the police registered the crime No. 125 of 1995, relating to offences punishable under Sections 147, 148, 149 and 302 IPC against accused/Appellant Indra Pal and others and Check Report (Ext. A18) was prepared. The investigation was taken up by Station House Officer, Chandra Mohan Singh Rawat (Since died). PW6 Sub-Inspector, Girish Kumar Kotiya on instructions of the Investigating Officer, went immediately to the spot and took dead body of Ramvilash Verma in his possession and prepared Inquest Report (Ext. A2) at about 12:45 PM (Noon). On the same day i.e. on 07.04.1995, the dead body was sent in a sealed condition along with Inquest Report and other necessary papers e.g. Sample Seal (Ext. A10), Police for No. 13 (Ext. A12), sketch of the dead body (Ext. A13) for postmortem examination. PW5 Y. S. Rawat conducted Post Mortem Examination on the dead body of Ramvilash Verma on the very day (07.04.1995) at 4:50 PM. He recorded two lacerated wounds as ante mortem injuries and noted blood coming out of mouth and nostrils of the deceased. The Medical Officer opined in the Autopsy Report (Ext. A6), prepared by him, that the deceased had died of shock and haemorrhage on account of ante mortem injuries. Meanwhile the Investigating Officer interrogated the witnesses, inspected the site, and prepared the site plan. During investigation accused/Appellant Indra Pal and others were arrested. Recovery of Rifle is said to have been made out from co-accused Chandra Pal (brother of present Appellant Indra Pal) against whom the separate offence under Section 25 of Arms Act was registered. After completion of investigation, the Investigating Officer submitted charge-sheet (Ext A5) against accused/Appellant Indra Pal and five others namely, Chandra Pal, Rajesh, Navrang, Ramesh and Dharam Veer for their trial in respect of offences punishable under Sections 147, 148, 149, 302 and 120B IPC.