SANJEEV GUPTA @ SONU GUPTA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Both these appeals preferred under Section 374 of the Code of Criminal Procedure, 1973, are directed against the judgment and order dated 26.03.2002, passed by Additional Sessions Judge, Ist F.T.C, Dehradun in Sessions Trial No. 78 of 1995, whereby accused / appellants Sanjeev Gupta alias Sonu Gupta, Sandeep Vashisth and Anil alias Naresh have been convicted and sentenced under Section 302 IPC read with section 34 IPC for imprisonment of life & a fine of ' 2000/- to each and in default of payment of fine, each one was directed to undergo one month's further rigorous imprisonment. The accused / appellants were directed to undergo one month's rigorous imprisonment for the offence punishable under Section 379 IPC.

(2.) Prosecution story in brief is that one Dilaram Raturi lodged a complaint (Ext. Ka-1) with the P.S. In charge IDPL, Veerbhadra, Rishikesh to the effect that on 05.10.1992 he along with his brother and nephew had come to Inter College IDPL to take sweets (prasad) of Durgapuja. He and his brother went inside the college to receive prasad. His nephew Ravindra waited near the gate of Inter College along with scooter no. UP-07B 1544. When on 05.10.1992 at 10:45 a.m. he along with his brother came out, they found a good number of people assembled there. Sanjeev Gupta alias Sonu son of Mahendra Gupta, resident of B-957 IDPL, his brother Sri Krishna Gupta, Sandeep Vashisth son of Om Prakash Sharma resident of IDPL and Anil resident of Charkhiwala Gher, Khalapar, Thana Shahar Kotwali, District Saharanpur were inflicting blows of knife and gupti on Ravindra. On his (Dila Ram's) raising alarm many a people came to his rescue. Accused persons fled away on scooter no. UP-07B 1544. Accused Sandeep Vashisth was standing there. He too walked away into the crowd. The complainant and other persons tried to chase them but to no avail. Ravindra felt unconscious, as he had sustained grievous injuries. He was taken to IDPL Hospital by Deependra Kandari and Mangal Singh Bisht but he was declared brought dead'. On 28.02.1992 they had a quarrel but had terminated into compromise. Since then Sanjeev Gupta had enmity with Ravindra. Sanjeev Gupta, Sri Krishna Gupta, Sandeep Vashisth and Anil had killed his nephew.

(3.) Thus the role assigned to each of the accused as per FIR is that the accused persons inflicted injuries on Ravindra with concealed sword and dagger. All the accused fled away on injured Ravindra's scooter.