RAJESH AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 Vinod Kumar wrote a complaint (Ext. Ka-1) to Station Officer Jaspur, District U.S.Nagar on 10.02.2000, which was registered as case crime no. 47 of 2000 on the selfsame date at 10:40 a.m. against the accused-appellants Rajesh and Virendra Singh, under Section 307 IPC. After the investigation, two separate charge-sheets under Section 307 IPC were filed against the appellants Rajesh and Virendra. The case was committed the Court of Sessions.

(2.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 307 IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial. PW 1 Vinod Kumar, PW 2 Rajiv Kumar, PW 3 Chaman Singh, PW 4 Suresh Singh, PW 5 Mahesh Singh and PW 6 Dr. Sanjay Kumar were examined on behalf of the prosecution. Incriminating evidence was put to the accused-persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case on account of enmity. After considering the evidence on record accused-appellants Rajesh and Virendra Singh were convicted under Section 307 IPC by learned Additional Sessions Judge/FTC, Kashipur. Both of them were directed to undergo rigorous imprisonment for ten years along with a fine of Rs. 2000/- each, vide judgment and order dated 23.05.2006. Aggrieved against the same, present Criminal Appeal was preferred by the appellants.

(3.) PW 1 Vinod Kumar wrote in the complaint that on 10.02.2000 at 9:15 a.m. he went to respond to the call of nature in the latrine, which was situated at the roof of his house. Rajesh and Virendra were armed with gun and country made pistol. They fired upon him (PW 1) with such gun and country made pistol. He sustained injuries on the right hand side of neck and head. The pellets struck right hand side of neck and head. The incident was seen by Chaman s/o Girdhari r/o Mahua Davra, PS Jaspur, District Udham Singh Nagar and Mahesh s/o Parveen Singh r/o Lalpur Buksaura, PS Kashipur, District Udham Singh Nagar. It was also alleged that Rajesh and Virendra were inimical to him because of misunderstanding on the death of their brother Sukhlal.