PREM PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 18.09.2020, passed by learned FTC/ADJ/Special Judge (POCSO), District Udham Singh Nagar in Special Sessions Trial No.96 of 2015 "State vs. Prempal and others", whereby the appellants-have been convicted by the Trial Court for the offence punishable under section 304(Part II) read with Section 34 IPC and sentenced each of them to undergo rigorous imprisonment for ten years along with fine of Rs. 20,000/-, with default stipulation; they were further convicted u/s 323/34 of IPC and sentenced to undergo one year's R.I. The appellant-Prem Pal was further convicted u/s 452 IPC and sentenced to undergo three years' R.I. along with fine of Rs.5,000/-, with default stipulation; he was further convicted u/s 8 of POCSO Act and sentenced to undergo three years' R.I. with fine of Rs.5,000/- with default stipulation.

(2.) In brief, facts of the case are that a written information was given by the informant with Police Station, Kichha on 31.12.2014 with the allegations that on 31.12.2014 at about 3:00 p.m., present appellants along with other accused entered into the house of the informant and caused injuries to his son; the injured was then was rushed to the hospital for treatment where he was declared brought dead. On the basis of said information, an FIR was lodged at Police Station Kichha; during investigation, site-plan Ex.A13 was prepared; and post-mortem was accordingly conducted. After complying with the provisions of Section 207 Cr.P.C., charges were framed against the appellants. The appellants denied the same and claimed for trial.

(3.) To prove its case, the prosecution got examined P.W.1 informant, P.W.2 Murari Lal, P.W.3 Bhagwan Dass, P.W.4 Smt. Savitri, P.W.5 Jai Singh, P.W.6 injured, PW.7 minor victim, P.W.8 mother of deceased, P.W.9 Noni Ram (Principal), P.W.10 Dr. D.P Singh, P.W.11 Sompal, P.W.12 victim's brother, P.W.13 Urmila Devi, PW.14 S.I. Manoj Kumar Kothari, P.W. 15 S. Umesh Ram Arya, P.W. 16 Retd. Inspector B.L. Verma, P.W. 17 Head Constable Rajiv Kumar and P.W.18 Dr. H.S. Pandey.