STATE OF UTTARAKHAND Vs. SUGAN CHAND @SUGNI

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 3/12/2019, passed by the learned Fourth Additional Sessions Judge, Hariwdar, in Session Trial No. 189 of 2013, whereby the learned Trial Court has acquitted the accused, Sugan Chand @ Sugni for offence under Sec. 302 IPC, the State has preferred the present appeal before this Court.

(2.) In a nutshell, the facts of the case are that on 19/8/2005, the complainant Prem Chand (P.W. 1) lodged a written report at Police Station-Pathri, District Haridwar, wherein he claimed that his father, Mohan Singh, as usual was returning back home with the cattle around 06:30 P.M. At that time, Somnath, S/o Sugan Chand @ Sugni, and two other persons, were standing near the farm belonging to the complainant's family. They surrounded his father, and told him that "he is the person who has been helping the Police against them". Therefore, today they will deal with him. These three persons hit his father on the head with the butt of the country made pistols. Thereafter, Somnath shot his father with a country made pistol. Immediately, his father fell and died. The complainant further claim that he, Prem Chand and Satish were coming from the weekly market. The moment they saw the incident, they rushed to the rescue of his father. Hearing the gunshots, the villagers also came to the spot. The complainant and his two other companions shouted for help. The complainant further claimed that, although, he recognizes Somnath, he does not know about other two companions of Somnath. If the other two companions were brought before him, he would be in a position to identify them. According to the complainant, the accused persons ran off in the northerly direction. On the basis of this complaint, a formal F.I.R, namely F.I.R. No. 63 of 2005 (Ex. Ka. 1), was chalked out for offence under Sec. 302 IPC. During the course of investigation, the main accused Somnath, Sugan Chand @ Sugni and Rajkumar were arrested. Since Somnath was a minor, he was tried by the Juvenile Justice Board; he was acquitted by judgment dtd. 3/6/2017.

(3.) In order to establish its case, the prosecution examined eleven witnesses, and submitted eleven documents. On the other hand, the defense neither examined any witness, nor submitted any documents. After going through the evidence produced by the prosecution, the learned Trial Court acquitted the accused Sugan Chand @ Sugni by judgment dtd. 3/12/2019. Hence, the present appeal by the State before this Court.