IMRAN AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 15.2.2008 passed by Additional District Judge, Roorkee, District Haridwar in Sessions Trial No. 298 of 2003, appellants have preferred this appeal, whereby appellants were found guilty of the offences punishable under Sections 302 &393 of the Indian Penal Code and were sentenced to undergo life imprisonment and to pay a fine of Rs. 15,000/- each under Section 302 of IPC and to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- each for the offence punishable under Section 393 of IPC; with a direction that if the fine so imposed is not paid, they shall further undergo one year's rigorous imprisonment; with a further direction that both these sentences shall run concurrently; with a further direction that out of the amount of fine, legal heirs of the deceased will be entitled to get Rs. 25,000/- and injured Mahendra will be entitled to get Rs. 10,000/-.

(2.) Brief facts of the present case, inter alia, are that PW1 lodged a First Information Report with the Police Station Kotwali Roorkee under his signature on 24.6.2003 to the effect that at about 9 PM, his cousin Jai Pal Singh Saini and Mahendra Singh (PW4), on his scooter bearing Registration No. UP-10-1443, were going to Roorkee from Village Dhanaura; in between Dhanauri and Kaliyar, some unknown miscreants murdered Jai Pal Singh and caused injuries to Mahendra Singh (PW4); having received the information, they reached on the spot and found Jai Pal Singh dead and Mahendra Singh (PW4) injured. The scooter was also found lying on the roadside; Mahendra Singh was removed from the spot and taken to Government Hospital, Roorkee, wherein his condition was very serious. Having registered the First Information Report, Police started investigation and body of Jai Pal Singh was sent for the post-mortem examination. Having investigated the matter, Police has submitted a chargesheet against both the accused persons. From the side of the prosecution, PW1 informant, PW2 Rajendra Singh, PW3 Dr. P.K. Bhatnagar, PW4 Mahendra , PW5 Surendra Kumar, PW6 Dr. B.S. Saini, PW7 Constable Som Pal Singh, PW8 Mahesh Chandra, PW9 S.I. Jasveer Singh were examined. Having considered entire material made available before the learned Sessions Judge, learned Sessions Judge has convicted and sentenced the appellants by the judgment and order under appeal.

(3.) We have heard Mr. Manish Arora, learned Amicus Curiae for the appellants and Mr. Amit Bhatt, learned Deputy Advocate General assisted by Mr. V.P. Bahuguna, learned Brief Holder for the State and have carefully perused the records.