RAMAN @ BABLOO S/O SRI VIJENDRA BHAGAT AND RANDHAWA @ BILLOO S/O SRI VIJENDRA BHAGAT Vs. STATE OF UTTARANCHAL (UTTARAKHAND)

JUDGEMENT

(1.) THESE two appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), are directed against the judgment and order dated 1st of April 2003, passed by Addl. Sessions Judge/II F.T.C., Haridwar, in Sessions Trial No. 261 of 2000, whereby said court has convicted accused/Appellants Raman @ Babloo, Randhawa @ Billo and Bijendra Bhagat under Section 302/34, 324/34 and 452 of the Indian Penal Code, 1860 (for short I.P.C.). Each one of the convicts is sentenced to imprisonment for life and directed to pay fine of Rs. 5,000/ - under Section 302/34 of I.P.C., rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/ - under Section 324/34 of I.P.C., and rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/ - under Section 452 of I.P.C.

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

(3.) THE Addl. Civil Judge (Senior Division)/Addl. Chief Judicial Magistrate, Roorkee, District Haridwar, on receipt of the charge sheet, after giving necessary copies to the accused as required under Section 207 of Code of Criminal Procedure, committed the case to the court of Sessions for trial. Meanwhile, a report dated 02.12.1999, was received from the Forensic Science Laboratory, reporting that the blood stained TABALS, blood stained soil, and blood stained clothes, contained human blood. Blood stained soil relating to Rakesh contained human blood of Group 'B'. Blood stained Petticoat and blood stained shawl of Attar Kali found containing human blood of Group 'A'. On 20th of July 2000, after hearing the parties, the trial court framed charge of offences punishable under Section 452, 324 read with Section 34, and 302 read with Section 34 of I.P.C. against all the three accused, namely Bijendra Bhagat, Raman @ Babloo and Randhawa @ Billoo, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Sanjay Kumar (injured eyewitness and informant), P.W. 2 Surat Singh (eyewitness and father of Sanjay Kumar and Rakesh), P.W. 3 Krishna (a neighbour and eyewitness), P.W. 4 Satpal (in whose presence inquest reports were prepared); P.W. 5 Dr. A.K. Chaudhary (who recorded medical injuries found on person of Sanjay Kumar on 22.10.1999, at Primary Health Center, Manglore); P.W. 6 Dr. S.C. Srivastava (who conducted postmortem examination on the dead bodies of Rakesh and Attar Kali on 22.10.1999); P.W. 7 Sub Inspector Hari Prakash Vats (who started the investigation); P.W. 8 Sub Inspector Kripal Singh Rathi (who prepared inquest reports); P.W. 9 Head Constable Baljoor Singh (who prepared check report on the basis of written FIR received, and made necessary entries in the General Diary); and P.W. 10 Sub Inspector J.P. Juyal (who completed the investigation). The oral and documentary evidence was put to the accused under Section 313 of Code of Criminal Procedure, in reply to which they alleged the evidence as false. They have further pleaded that they were falsely implicated in the crime due to enmity. In defence, D.W. 1 Virendra Singh was examined, who stated that on 22.10.1999, he signed the inquest reports after he was called at police station Manglore. After hearing the parties, the trial court, found that the prosecution has successfully proved charge of offences punishable under Section 452, 324/34 and 302/34 of I.P.C. against all the three accused, namely Bijendra Bhagat, Raman @ Babloo and Randhawa @ Billoo. Thereafter, the parties were heard on sentence, and each one of the convicts was sentenced to imprisonment for life and directed to pay fine of Rs. 5,000/ - under Section 302/34 of I.P.C., rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/ - under Section 324/34 of I.P.C., and rigorous imprisonment for further period of one year and directed to pay fine of Rs. 1,000/ - under Section 452 of I.P.C. Aggrieved by said judgment and order dated 01.04.2003, passed by Addl. Sessions Judge/II F.T.C., Haridwar, in Sessions Trial No. 261 of 2000, these appeals are filed by the convicts.