RAMESH CHILWAL ALIAS BOMBAYYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THESE two appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 are directed against the common judgment and order dated 07.01.2006, passed by Addl. Sessions Judge / Special Judge, Gangsters Act / II F.T.C., Nainital, in Special Sessions Trial No. 28 of 2005 and Special Sessions Trial No. 118 of 2005, whereby appellant Ramesh Chilwal alias Bombayya has been convicted under Section 302 of the Indian Penal Code, 1860 (for short I.P.C.), and one punishable under Section 2/3 {3(1)} of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short, Gangsters Act). In Special Sessions Trial No. 118 of 2005, he has been convicted under Section 25/27 of the Arms Act. He has been sentenced to undergo imprisonment for life and directed to pay a fine of Rs. 1,00,000/ - under Section 302 of I.P.C., and rigorous imprisonment for a period of ten years and directed to pay a fine of Rs. 50,000/ - under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. He has also been sentenced to undergo rigorous imprisonment for a period of seven years and directed to pay a fine of Rs. 25,000/ - under Section 27 of the Arms Act.

(2.) PROSECUTION story, in brief, is that P.W.1 Satish Chandra Joshi (complainant) gave a written report (Ext. Ka -1) to police station Kathgodam stating therein that on 01.11.2004, at about 05:00 P.M. a man (Lokman Singh Bisht) came to his residence and asked his son Vineet Joshi (deceased) to meet accused Ramesh Chilwal alias Bombayya at the Dharamkanta (weighment machine) owned by the accused. The complainant also stated that later on it came to his knowledge that Ramesh Chilwal alias Bombayya has murdered his son by pumping bullets on his person at Golagate Dharamkanta, Shishmahal. A number of persons present there also witnessed this incident. The accused later on fled away from the scene of occurrence. It has also been stated in the FIR by the complainant that his elder son Pawan was also murdered in the same manner in January 1999. On the basis of the written report given by Kundan Singh (P.W.1), police registered first information report (Ext. Ka -16) against accused Ramesh Chilwal alias Bombayya and Crime No. 580 of 2004 was registered against him relating to offence punishable under Section 302 of I.P.C. on the very day i.e. 01.11.2004 at about 15:45 hours. The investigation was initially taken up by S.I. Shiv Singh Gusain. During investigation Lokman Singh Bisht was also arrested in connection with the offence punishable under Section 302 read with Section 120 -B of I.P.C. The Investigating Officer, during investigation, also requested remand of the accused Ramesh Chilwal under the provisions of Gangsters Act for commission of antisocial activities by creating terror among the members of the society. The same was granted by the competent court. The 9 mm pistol used in the crime was also recovered on pointing out of accused Ramesh Chilwal alias Bombayya. Meanwhile, after taking the dead body in their possession, the police inspected the spot, prepared site plans (Ext. Ka -7 and Ext. Ka -11), inquest report (Ext. Ka -8), sketch of the dead body (Ext. Ka -9), Police Form No. 13 (Ext. Ka -10), and other necessary papers, and the dead body was sent in a sealed cover for postmortem examination. The postmortem examination was conducted by Dr. Vimal Pant (P.W.6) on 01.11.2009, at 05:50 P.M., who prepared autopsy report (Ext. Ka -6). The Medical Officer after conducting postmortem examination, opined that the deceased had died due to haemorrhage and shock as a result of gunshot injuries. After interrogating the witnesses and on completion of investigation, P.W.11 S.I. Chandan Singh Jadot filed charge sheet (Ext. Ka -22) against accused Ramesh Chilwal alias Bombayya and Lokman Singh Bisht for their trial in respect of offences punishable under Section 302/120 -B of I.P.C. and under Section 3/2 of Gangsters Act. A separate charge sheet (Ext. Ka -27) was also filed by Investigating Officer P.W.12 S.I. Gajendra Singh Rautela in respect of offence punishable under Section 25/27 of the Arms Act against accused Ramesh Chilwal alias Bombayya.

(3.) WE have heard learned counsel for the appellants, learned Additional Government Advocate for the State and learned counsel for the complainant and perused the record.