GOPAL PURI 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 23rd October, 2008 passed by Sessions Judge, Nainital in Special Session Trial No. 32 of 2005, whereby Appellant Gopal Puri has been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.), and sentenced to imprisonment for life and also directed to pay a find of ' 10,000/- in default of payment of fine, he has been directed to undergo imprisonment for a further period of one year.

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

(3.) Prosecution story, in brief, is that on 11.05.2005, at about 1:30 p.m., Appellant Gopal Puri, armed with PATAL (heavy sharp edged weapon), alongwith, co-accused Pramod Danu (since deceased) armed with a fire arm and one Jagdish Singh also armed with PATAL, came to the shop of Mahesh Chandra Pant (deceased), situated in Car Road, Bindukhatta within the limits of Police Station-Lalkuan, and committed his murder. A First Information Report was lodged by Navin Chandra Pant (P.W.-1) at Police Station-Lalkuan on the very day at about 3:25 p.m., against Pramod Danu (since deceased), Gopal Puri-Appellant and two others, relating to offences punishable under Section 302 I.P.C. It is also mentioned in the First Information Report that accused Pramod Danu was a history-sheeter. It is further mentioned in the report that Mahesh Chandra Pant was taken, in an injured condition, for medical treatment to hospital where he was declared brought dead. On the basis of First Information Report, Check report (Ext. A-4) was prepared by the police and crime No. 847 of 2005 was registered relating to offences punishable under Section 302 I.P.C. and one punishable under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention), Act 1986. Investigation was conducted by Station House Officer Harish Chandra Panda (P.W.12). Meanwhile, as Mahesh Chandra Pant was declared dead in Soban Singh Jeena Base Hospital, Haldwani, the inquest report (Ext.A-8) had already been prepared by the Police at Haldwani. The dead body of the deceased, in a sealed condition, alongwith the sketch of dead body (Ext.A-10), Police Form No. 13 (Ext.A-9), sample seal (Ext. A-11) and letter to Chief Medical Officer (Ext.A-12), was sent for post mortem examination. Dr. B.K. Tilara (P.W.5) conducted post mortem examination on the dead body of Mahesh Chandra Pant on 11.05.2005 and prepared autopsy report (Ext. A-13). He recorded as many as six ante-mortem injuries, which included five incised wounds and one firearm injury in the report. The Medical Officer opined that the deceased has died of shock and haemorrhage due to ante-mortem injuries. Investigating Officer inspected the spot; prepared site plan (Ext. A-15 and Ext. A-17). He also interrogated the witnesses and made recoveries of PATAL from accused/ Appellant Gopal Puri and Jagdish Singh and prepared recovery memos (Ext. A-14 and Ext.A-3 respectively). On completion of investigation, Charge sheet (Ext.A-21) was filed by the Investigating Officer against the accused/ Appellant Gopal Puri and Jagdish Singh alias Jaggu for the trial in respect of offences punishable under Section 302 I.P.C. and one punishable under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention), Act 1986. It was mentioned that the third accused Pramod Danu was absconding. (It is reported that later Pramod Danu was killed in an encounter with the Police).