ANAND Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) AT the outset, it is pertinent to mention that the appellant/accused Mohan Lal has preferred criminal appeal no.96 of 2004, whereas the convict Anand Lal has preferred two appeals, i.e. criminal appeal no.90 of 2004 and criminal jail appeal No.56 of 2005. So, all these three appeals are being adjudicated by this single judgment, as the same have arisen out of a common judgment dated 10.3.2004 passed by the Sessions Judge, Pauri Garhwal in S.T. No.97 of 2002, State Vs. Anand Lal and three others. The said trial pertained to the offences punishable under Sections 302/34 and 201 IPC, whereby the four accused, namely, Anand Lal, Madan Lal, Shanti Prakash and Mohan Lal were tried for the said offences but the same culminated by way of finding only Anand Lal and Mohan Lal guilty. For the offence punishable u/s 302 IPC, both were sentenced to undergo imprisonment for life along with fine of Rs.10,000/ -, in default of which, to undergo one years simple imprisonment. Both of them were further convicted u/s 201 IPC and sentenced to undergo three years R.I. with fine of Rs.2,000/ - each and in default of payment of fine, to undergo three months simple imprisonment. However, co -accused Madan Lal and Shanti Prakash were acquitted from the charges levelled against each of them.

(2.) IT is a case based upon the circumstantial evidence where the deceased Satish, aged about 40 years, R/o village Dharasu, Patti Mawalsyun -I, Tehsil Lansdowne, District Pauri Garhwal, was found killed at a thoroughfare, namely 'Deolidhar. The prosecution story is that accused/appellants Anand Lal and Mohan Lal came at the residence of Satish in the evening of 16.7.2002, who was in his house at that time along with his family. The accused persons fetched Satish with them at the allurement of a dinner party in the house of accused Anand Lal at village Palkot, which was a nearby village. However, Satish did not return in the night. Next day on 17.7.2002 in the morning, Manju Devi went to village Palkot at the house of Anand Lal where she was informed that her husband had been sent back in the last night itself. In the meanwhile, Mahavir Singh, Chowkidar informed her that a dead body is lying at 'Deolidhar on which she along with other villagers went at the spot and found that dead body was of none else but of her husband. Thereafter, she disclosed the entire happening to the villagers about the taking away of her husband by the accused Mohan Lal and Anand Lal. Soon thereafter, all the villagers went to village Palkot at the house of accused Anand Lal where except Anand Lal, all other such as Madan Lal, Shanti Lal and Mohan were present, who were asked to accompany to the place of occurrence. At the spot, all the three above named accused admitted before the villagers that they had committed the murder of Satish. Subsequently thereafter, the FIR was lodged on 17.7.2002 at 1:20 PM by one Anand Singh, Pradhan of village 'Dharasu, which is Ex.Ka -4, the Chik report whereof is Ex.Ka -5 whereas the copy of G.D. thereof is Ex.Ka -6. Thereafter on the same day, the inquest began which could be completed at 6 PM, the report whereof is Ex.Ka -7. All the witnesses, present at the time of inquest, opined that deceased had died due to the ante -mortem injuries. Thus, the dead body was sent for post -mortem which was got done on 18.7.2002 at 12:30 PM by Dr. B.P. Kaushik (PW3). The following ante -mortem injuries were found on the body of deceased: -

(3.) THE investigation of the case was conducted by the Patwari of the circle (in the remote hills, the Patwari, who is a revenue official, exercises the power of Police in the hill areas of the State of Uttarakhand). After completion of the same, a charge sheet was filed against all the four above named accused persons for the offences, as indicated above.