HEMU PANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Appellants - Hemu Pant @ Hemu Kalu and Manish @ Kanchu Matiyani have taken exception to their conviction by the learned District and Sessions Judge, Nainital in Session Trial No. 30 of 2007, 31 of 2007 and 32 of 2007 as per judgment and order dtd. 19/8/2013 for the offence under Ss. 364, 302 and 201 of the Indian Penal Code, 1860, (hereafter referred to as "the Penal Code" for brevity), and also for the offence under Sec. 4/25 of the Arms Act, 1959 (herein after referred to as "the Act" for brevity) and the sentences awarded thereunder in a joint Trial in four Sessions Case Nos. 30 of 2007, 31 of 2007, 32 of 2007 and 33 of 2007, which were disposed of by the same judgment.

(2.) The present Appellants along with Lokpal Mehra, Lalit Mehra, Lakhan Singh and Atul Negi were tried for the aforesaid offences. However, the co-accused were acquitted by the learned Sessions Judge, Nainital.

(3.) Bereft of all unnecessary details, the case of the prosecution comes on 12/12/2006, a First Information Report 'Exhibit Ka-2' was presented by the complainant- Krishna Kumar Singh Bhakuni (Cousin of the deceased) before the S.H.O., Police Station Haldwani in the District of Nainital, interalia, stating that in the night of 11/12/2006, he along with Tarunjeet Singh Bhakuni went to attend Reception in Subhash Nagar at the house of one Tiwari Ji. At the place of reception, it came to know that Lalit Mehra being injured was admitted in 'Krishna Nursing Home, Haldwani'. Therefore, the complainant and others went to see him, where Lokpal Mehra, Hemu Pant, Atul Negi and Kanchu Matiyani met them outside the 'Krishna Nursing Home'. Hemu Pant abused Tarunjeet Singh Bhakuni. A scuffle resulted. One Deepak Gangola rescued him. Thereafter, the complainant and Tarunjeet Singh Bhakuni came back to the Reception.