SURENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant has preferred the present appeal assailing the judgment and order passed by the II Additional Sessions Judge, Haridwar in Sessions Trial No. 206 of 2000 as well as in Sessions Trial No. 207 of 2000, whereby the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code as well as for the offence punishable under Section 25 of the Arms Act and the appellant was sentenced to serve life imprisonment and to pay a fine of Rs. 5,000/- for the offence punishable under Section 302 of IPC. In default of payment of fine, appellant was further directed to serve additional sentence of six months' rigorous imprisonment.

(2.) Brief facts of the present case, inter alia, are that Suresh, son of Chhajju, has lodged a First Information Report on 1.9.1997 with Police Station Laksar, District Haridwar to the effect that few days before, his nephew Anil son of Ruhala had quarrel with appellant Surendra son of Basi, Sahipal son of Jhagdu, Lali son of Baga.

(3.) PW1 Ruhala-father of the deceased, PW2 Ramesh, PW Raj Kumar-scribe of the First Information Report, PW4 Dr. N.K. Gupta, who has conducted the post mortem report, PW5, who is the witness of the recovery memo of the country-made pistol, PW6 Amar Pal Singh- SHO, PW7 Jagat Kumar Singh, PW8 Deepak Malik, PW9 Prem Raj Singh, PW10 S.I. Veer Singh, PW11 S.I. Ram Babu Dixit, PW12 Dr. B.S. Saini, who referred Anil from Roorkee Hospital to 3 Meerut Hospital, PW13 Dr. Ajay Kumar Gupta, were produced in the witness box to prove prosecution story.