RAKESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal jail appeal is directed against the judgment and order dated 03.06.2014 passed by the learned Sessions Judge, Dehradun in S.T. No.43 of 2011, Sate Vs. Rakesh Kumar, whereby the learned Trial Court convicted the appellant u/s 304 (Part II) IPC and sentenced him to undergo ten years' R.I. with fine of Rs.1,00,000/-, and in default of payment of fine, he was sentenced to undergo six months' additional imprisonment; he was further convicted u/s 325 IPC and sentenced to undergo three years' S.I. with a fine of Rs.10,000/- and in default, to undergo two months' additional imprisonment.

(2.) Brief facts of the case are initially an FIR was lodged by S.I. Kabool Singh on 6.1.2011 at P.S. Mussoorie Dehradun. Accordingly, Chick FIR Ex.Ka-37 was lodged u/s 304/279/337/338 IPC against unknown person. An application (Ex.Ka-1) was also submitted by Harish Wadhwa on 9.1.2011. The inquest reports were prepared. Another report was submitted by Om Prakash at P.S. Naya Gaon on 27.05.2011. Accordingly, Chick FIR Ex.Ka-4 was lodged. After completion of investigation, charge-sheet was submitted against the appellant u/s 304(Part II) /325/323 IPC. The case was committed to the court of sessions after compliance with the provision of Section 207 Cr.P.C. After taking cognizance, the charges were framed on 21.5.2011 under Sections 304/325/323 IPC. The appellant denied all the allegations and claimed to be tried.

(3.) To bring home the guilt of the appellant, the prosecution produced PW1- Harish Wadhwa, PW2- S.I. Kabool Singh, PW3- Rajni, PW4- Mohni Chauhan, PW5- Jyoti, PW6- Anuradha, PW7-Lalit Singh, PW8-Ram Prakash, PW9-Harish Tiwari, PW10- S.I. Harish Basera, PW11 -Mehmood and PW12- S.I. Manohar Lal.