JITENDER SINGH RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) One Praveen Kumar lodged FIR on 11.01.1998 that his father was the manufacturer of M.J. Spices in Dehradun and used to supply the same in Uttarkashi, Tehri etc. Devendra Singh was his driver. On 08.01.1998, he proceeded from Dehradun to Uttarkashi in his Maruti van driven by Devendra Singh. On 09.01.1998, his father informed on telephone from Chamba around 8:00 p.m. that he has realized money from the customers. Appellant (who, from the facts brought on record, took lift from victim Jogendra Kumar in the van, being a fellow resident of Dehradun, while coming back from Uttarkashi to Dehradun) and Devendra Singh were with him. Victim informed that they will be reaching Dehradun within two hours. Victim did not reach home. Informant started making search and reached up to New Tehri, where the proprietor of Ashok General Store informed the complainant that the victim along with driver and appellant had gone to Chamba in Maruti van. When informant reached Chamba, one hotelier confirmed that three persons took meals there and thereafter they left for Narendranagar. On 11.01.1998, informant reached the house of appellant Jitender Rana. He was not found there. His landlord informed that he received telephone of Jitender Rana, who inquired whether anybody came to enquire about him Informant made a search for the appellant, but to no avail. Informant suspected that his father and driver were killed by Jitender Rana.

(2.) First Information Report was registered as case crime no. 14/1998 on 11. 01.1998 at 09:00 p.m. at PS Narendranagar, Tehri Garhwal as regards the offence punishable under Section 302 IPC. After investigation of the case, a charge-sheet for the offences punishable under Sections 302, 201, 394 and 411 IPC was submitted against the accused. When trial began before the Trial Court, charges for the offences punishable under sections 302, 394, 411 and 201 IPC were framed against the accused, to which he pleaded not guilty and claimed trial. As many as 21 prosecution witnesses namely, PW1 Sanjay Goel, PW2 Rajesh Jain, PW3 Praveen Goel, PW4 Doctor R.K.Sharma, PW5 Manmohan Garg, PW6 Ashok Kumar, PW7 Mohan Dodi, PW8 Hardayal Singh, PW9 Jogendra Kumar, PW10 Rajesh, PW11 Satish Suyal, PW12 Vinod Raturi, PW13 Vinod Kumar Goel, PW14 R.S.Negi, PW15 Prem Chand, PW16 Naresh Kumar, PW17 Mukesh Kumar, PW18 Shrichand Singh, PW19 SI Anis Ahmad, PW20 SI Ashok Kumar Tyagi and PW21 SI R.C. Kotnala were examined on behalf of prosecution. Incriminating evidence was put to the accused. In his statement under Section 313 Cr.P.C., accused-appellant said that he was falsely implicated in this case. One witness DW 1 Smt. Pushpa, wife of appellant, was examined in defence. Trial Court convicted the accused for the offences punishable under Sections 302, 394, 411 and 201 IPC and was sentenced appropriately. Trial Court also ordered the recovery of fine amount (Rs. 1, 35, 000/-) from the Savings Bank Account of appellant. A sum of Rs. 30,000/- was ordered to be paid to each legal heir of deceased. Aggrieved against the said judgment and order, present criminal appeal was preferred.

(3.) PW1 Sanjay Goel (son of victim), received telephone call from victim on 09.01.1998, conveying that driver and appellant were with him and they were reaching Dehradun within two hours. His father did not reach. Sanjay Goel proceeded to search out his father on 10.01.1998, along with his friends Rajesh Jain and Vasudev Jain. They reached New Tehri. There they met the proprietor of Ashok Provision Store. The proprietor of such store informed PW1 that victim Jogendra came to his shop and thereafter left for Chamba in his Maruti van. PW1 and his friends proceeded to Chamba, where owner of a PCO shop told them that victim made a telephone call on 09.01.1998 around 08:30 p.m. PW1 and his friends proceeded to come back to Dehradun. When they reached Bemunda, they came to know in a restaurant that a Maruti van came there, in which three people were present. Those three people took meals in the restaurant and proceeded towards Narendranagar. PW1 and his friends came to Dehradun via Narendranagar and went to the residence of appellant the next day. The proprietor of Bansal Estate informed them that appellant was not available there. Such proprietor also informed PW1 that appellant was inquiring about his family members on telephone and also inquired whether anybody came to find him out Then PW1 came to know that appellant was roaming around Narendranagar. PW1 came to Narendranagar in order to search him out. There, his brother PW3 Praveen Goel lodged a report against appellant. Thereafter appellant was apprehended. When Jitender was arrested, he confessed his guilt and pointed out the place, from where Maruti van along with dead bodies of his father and driver were recovered. PW2 Rajesh Jain accompanied PW1 Sanjay Goel to the aforesaid places and corroborated evidence tendered by him. PW3 Praveen Goel (informant), younger brother of PW1, also said that his father made a telephone call from Chamba PCO that he was about to reach Dehradun within 2-21/2 hours and that Devendra Singh (driver) and Jitender Singh (appellant) were with him. Jitender Singh was subsequently arrested and Maruti van alongwith two dead bodies were recovered on his pointing. Stone stained with blood was also recovered on his disclosure. T-shirt of driver was also recovered on his pointing.