SANDEEP 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 16th May, 2006 passed by Addl. Sessions Judge/1st Fast Track Court, Roorkee, District Haridwar in Sessions Trial No. 208 of 1998 'State vs. Veer Singh and others', whereby accused/ appellant Sandeep has been convicted under Section 302 with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for life with fine of Rs. 1,000/- under Section 302 with Section 34 I.P.C., and in default of payment of fine further rigorous imprisonment for a period of three months has been awarded. The learned trial Court vide the same judgment and order acquitted coaccused Veer Singh and Dharamveer of the charge of offence punishable under Section 302 and Section 34 I.P.C. The trial Court, in the connected Sessions Trial No. 209 of 1998 'State vs. Sandeep', acquitted accused/ appellant Sandeep of the charge of offence under Section 25 of Arms Act. The matter against the co-accused Mintu was remitted to the Juvenile Justice Board by the trial Court, vide its order dated 01.01.2003.

(2.) Heard learned counsel for the parties and perused the Lower Court's Record.

(3.) Facts leading to the appeal, in precise, are that on 31.10.1997 at 4:10 a.m. complainant PW-1 Kale Hasan S/o Abdul Hameed, resident of village Dosni, Police Station Laksar, District Haridwar lodged a written report (Ext.A-1) with the police that on 30.10.1997 at night, while his father Abdul Hameed (deceased) and his mother Mangti were sitting in their courtyard and were talking to each other, at 9:45 p.m. accused persons Veer Singh S/o Jaswant Singh, Mintu S/o Molhar, Dharamveer S/o Brhampal and Sandeep S/o Ajmer all residents of village Dosni, came there and said to his father that they would teach him lesson for refusing them to give jaggery (GUR) and shot at his father. On hearing the sound of gun-shot, the complainant, alongwith Gufran (PW-2) and Naseem, reached the courtyard and saw that all the four accused persons, after shooting, were fleeing from the place of occurrence. The complainant saw that his father was injured, therefore, the injured was taken to the Govt. Hospital, Laksar for treatment, where the injured was declared brought dead on arrival. The dead body was taken to the Police Station. On the basis of the first information report, Chik report (Ext.A-13) was prepared and a case crime no. 185 of 1997 under Section 302 IPC was registered against all the accused. Investigation was entrusted to Sub Inspector Satish Verma, who started investigation. The Investigating Officer first of all inspected the site of incident, and in presence of the witnesses, Inquest Report on the dead body of Abdul Hameed (Ext. A-4) was prepared. The Investigating Officer inspected the place of incident and prepared a site-plan (Ext.A-9). The Investigating Officer recorded the statements of the witnesses. On the same day i.e. on 31.10.1997, on pointing out by the accused/ appellant Sandeep, one country made pistol 12 bore and one empty cartridge were recovered from the possession of the accused/appellant, concealed in the cane field of Dharmdas under a transformer. The Investigating Officer prepared recovery memo (Ext. A-3) and siteplan of the place of recovery (Ext.A-10). On the same day, the I.O. also collected samples of bloodstained and plain earth and prepared memo (Ext.A-5), he also took into possession one torch containing three batteries and prepared memo (Ext.A-2), he also took into possession one bloodstained cot and prepared memo (Ext.A-6), he also took into possession one quilt-cover, one cotton blanket and one quilt and prepared memo (Ext.A-7), he also took into possession one lantern and prepared memo (Ext.A-11) The dead body of the deceased, in a sealed condition, alongwith Inquest Reports (Ext.A-4) alongwith other police papers, was sent for post mortem examination. The Investigating Officer interrogated the witnesses, recorded their statements, and thereafter, filed Charge sheet (Ext.A-8) on 27.12.1997 against all the four accused, namely, Veer Singh, Dharamveer (acquitted by trial Court), Mintu (case was remitted to Juvenile Court) and Sandeep (appellant) for their trial in respect of offence punishable under Section 302 I.P.C. The Investigating Officer, after obtaining necessary sanction (Ext.A-17) from the District Magistrate, Haridwar submitted charge sheet (Ext. A-15) against the accused/appellant Sandeep for his trial in respect of offence punishable under Section 25 and Section 27 Arms Act.