TARUN CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In the present appeal, appellant is assailing the judgment and order dated 25.07.2008 passed by Additional Sessions Judge/ 1st FTC, Haldwani, District Nainital whereby appellant was found guilty for the offences punishable under Section 302/34 IPC and under Section 4/25 of the Arms Act and sentenced to serve rigorous life imprisonment for offence punishable under Section 302/34 IPC and to pay fine of Rs. 5,000/-, and to undergo one year rigorous imprisonment for the offence punishable under Section 4 /25 of the Arms Act. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the present case are that PW1 lodged an FIR on 01.04.2005 with the police station Haldwani to the effect that his elder brother Dhirendra Singh Rawat, who was a Municipal Member, went to his shop at about 10.30 a.m.; Sagar aged, about 4 years and Himanshu Tiwari @ Hemu, aged about 10 years, had informed that Suman Rawat was lying unconscious on the floor. On receiving the information, he reached on the spot where he found dead body of Suman Rawat drenched with blood lying in the room. Household articles were scattered in the room and information about the looted articles would be given, later on, after verification.

(3.) During the course of investigation, police picked up and collected fingerprints from scene of occurrence. After investigation, police came to the conclusion that appellant along with Jitendra with an intention of loot had entered in the house of Suman Rawat / Dhirendra Singh Rawat and had committed the murder of Suman Rawat. Having investigated the matter, police submitted a chargesheet against the accused for the offence punishable under Section 302 IPC read with Section 34 IPC as well as under Section 4/25 of the Arms Act.