ASHISH BASNET @ SANNY S/O COLONEL ISHWAR BASNET THROUGH HIS PAIROKAR/WIFE SMT. SAKSHI BASNET, W/O SHRI ASHISH BASNET @ SANNY Vs. STATE OF UTTARAKHAND AND ANR.

JUDGEMENT

(1.) HEARD Mr. S.K. Agarwal, the learned senior counsel assisted by Mr. D. Barthwal and Mrs. Mamta Joshi, the learned Counsels for the applicant and Mr. B.S. Parihar, the learned Brief Holder for the State.

(2.) THE First Information Report points finger at Jaideep Bohra and the applicant in the commission of the crime. It is alleged that the applicant and Jaideep Bohra had come from Delhi and were with the deceased Naresh Rao and thereafter shot him. While shooting Naresh Rao, the vehicle, in which all the three were travelling, got disbalanced and overturned as a result the applicant sustained some injury. The victim was taken to the hospital, where he was pronounced dead. The co -accused Jaideep Bohra ran away from the scene of the crime, but was subsequently arrested.

(3.) IN the light of the statement of Jaideep Bohra read with the First Information Report, it is clear that Jaideep Bohra is the main person, who shot the victim Naresh Rao and that Jaideep Bohra had an enmity with the deceased. His statement clearly indicates that he had planned on his own and in no way implicates his friend, namely, the applicant Ashish Basnet @ Sanny.