DINESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Having been convicted of offence under Section 302 IPC, sentenced to Life Imprisonment, imposed with a fine of Rupees Ten Thousand, and directed to undergo two years of Rigorous Imprisonment in default thereof, by the learned Sessions Judge, Pauri Garhwal, by judgment dated 21.09.2012, the appellant, Mr. Dinesh Kumar, has filed this appeal before this Court.

(2.) Briefly stated the facts of the case are that, on 27.12.2006, Mukesh Kumar (P.W. 1), lodged a written report (Ex. Ka. 1) before the Station House Officer, P.S. Kotdwar, District Pauri Garhwal, wherein he claimed that he has a brother, Dinesh Kumar. According to him, he (the complainant) works at Shahibabad Paras Factory. His elder brother, Dinesh Kumar, stays at their house at Kotdwar. His parents stay with him at Ghaziabad. A week ago, his father, Manik Lal, had gone to his village for some work. His cousin brother, Mr. Tek Chand (P.W. 3), informed him on phone that the complainant's father has expired. Therefore, "this morning, he, his mother and his sister left around 11:00 AM. They reached their home in the village around 5 to 6 PM. They found his father lying in the courtyard on a bedding. His body was covered with a bed-sheet". When he removed the bed-sheet, he discovered that his father was only wearing his trouser; the upper part of his body was without any clothes. He noticed injuries on his father's face, chest and hands. There was blood on the mattress. His elder brother stood there silently. Even after he was asked, he did not reply to any of the questions. The complainant further claimed that his brother is a vagabond. He has sold his share of the land. His brother does not have any other share in the land. "I suspect that it is my brother who has assaulted my father, and caused his death in order to illegally takeover the entire land. There is a pen lying on the bed. The household goods are scattered".

(3.) On the basis of this written report (Ex. Ka. 1), the police chalked out a formal First Information Report, namely FIR No.827/06 (Ex. Ka. 7) for the offence under Section 302 IPC. The police started the investigation. During the course of investigation, the accused, Dinesh Kumar, was arrested by the police; he was put up for trail. In order to prove its case, the prosecution examined eight witnesses, and submitted eighteen documents. On the other hand, the defence neither examined any witness, nor submitted any evidence.