KUNWAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Challenge in both the above-captioned appeals, being decided together, is to the judgment and order of conviction dated 29.5.2010, rendered by the Sessions Judge, Tehri Garhwal in Sessions Trial No. 1/2008. In the said trial, accused appellants Kunwar Singh and Banti @ Jagram Singh were tried for the offences under Section 302/34, 364/34 and 201/34 IPC, pertaining to Crime No. 538/2007 of PS Kotwali, New Tehri. On conclusion of the trial, learned Sessions Judge, vide the impugned judgment and order, held the appellants guilty of the aforesaid offences and, accordingly, sentenced them.

(2.) As alleged, the victim Meharban Singh, aged about 80 years, was murdered by the appellants. One of the appellants Kunwar Singh is none other but the real nephew of the deceased, while other accused is the friend of Kunwar Singh. Wife of the deceased had already died. He did not have any son either. So, he was living under the care and supervision of informant Dharm Singh, the real brother of Kunwar Singh. Kunwar Singh had brought the deceased on 13.9.2007 to live with him at Rishikesh, but the victim feeling dissatisfied returned on 7.10.2007 to the village again to live with Dharm Singh. As the FIR further disclosed that on 10.10.2007, Kunwar Singh along with his friend Banti came to his village by a taxi no. UA-07C-8468 to fetch the victim again from there and they got success in their attempt without the consent and knowledge of Dharm Singh.

(3.) Next day, when the victim was not found in his room, the lock of the room of the victim was broken by Dharm Singh in the presence of other villagers. His luggage was found helter-skelter in the room. So, Dharm Singh taking some villagers and other relatives, namely, Sobat Singh, Puran Singh, Roshan Singh, Manveer Singh, etc. reached to the place of Kunwar Singh at Rishikesh, where he could not find his uncle Meharban Singh. So, all of them apprehended that Meharban Singh has been murdered in order to grab the land and bank/post office deposits of the deceased. This FIR was lodged on 13.10.2007, which is Ex. Ka-4. Chick report is Ex. Ka- 6.