RAKESH DUTT SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) In the instant case, culpable homicide of elder brother of informant was admitted by appellant, albeit in exercise of right of self-defence. Informant wrote a complaint (Ext. Ka-10) on 25.06.1993 which was lodged in P.S. Kotwali Haridwar on the same day at 8:30 pm. Occurrence took place on 25.06.1993 around 12:45 pm. Informant lodged FIR only when he came to know of death of his elder brother in the evening. The distance between the place of occurrence and P.S. concerned was 3 kilometers and hence there appears to be no delay in lodging FIR.

(2.) The complaint by appellant regarding same incident was received in the same Police Station on 25.06.1993 at 2:20 pm. Whereas the FIR lodged by appellant was registered as case crime no. 772 of 1993 (Ext. Ka-16) under Section 307 IPC and case crime no. 773 of 1993 under Section 25/27 Arms Act, the FIR lodged by brother of victim was registered as case crime no. 772A of 1993 for the offence punishable under Section 302 IPC.

(3.) After investigation of the case a charge-sheet (Ext. Ka-19) for the offence punishable under Section 302 IPC was submitted against accused-appellant. Accordingly, charge for the offence punishable under Section 302 IPC was framed by learned trial court . After conclusion of the trial, accused-appellant was convicted for the offence punishable under Section 304 IPC Part 1 and was sentenced to undergo imprisonment for life along with fine of Rs. 5000/-, in default of which he was directed to undergo six months further simple imprisonment. Aggrieved against the said judgment/order accused-appellant preferred this appeal.