SURAJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Jail Appeal, preferred under Section 378 (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 31.08.2010, passed by Additional Sessions Judge, Rishikesh in Sessions Trial No. 172 of 2007, whereby accused / appellant Suraj is convicted under Section 302 of Indian Penal Code, 1860, and sentenced to imprisonment for life and also directed to pay a fine of Rs. 10,000/-, in default of payment of which he has been further directed to undergo imprisonment for a period of one year.

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

(3.) Prosecution story, in brief, is that on 15.06.2007 at around 01.00 a.m. in the night injured Pramod S/o Rishipal Singh came to his hutment and fell near the door. He was bleeding profusely. He asked for water from his uncle Prakash but he breathed his last before the water could be given to him. Prem Chand, his real brother has written a complaint under his signature that some unknown person has inflicted severe blows on the head of his brother and has injured him. His brother succumbed to injuries. This complaint was written on 15.06.2007. On the same date another complaint was made by Prakash, who is said to be uncle of Prem chand and Pramod. Prakash in his complainant lodged with the police has mentioned that Pramod came to his hutment in an injured state and disclosed that Amit and Suraj have beaten him. When Pramod was narrating this story to Prakash, accused Amit and Suraj followed him in the hutment and beaten him. Accused persons dragged Pramod out of the hutment. A scuffle took place between them. Suraj inflicted a blow on the head of Pramod with an iron rod. Pramod fell on the ground. He asked for water. No sooner did he bring water, Pramod breathed his last. The accused person threatened the complainant with a dire consequences. The incident was seen by the neighbours Arjun and Ali and have recognized accused persons. Nobody came to the complainant's help and proceeded to their hutment. Prakash sent the message to Pramod's brother Prem Chand but could not disclose the name of the assailants out of anxiety and fear.