ANUP CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this appeal preferred under Sec. 374 read with Sec. 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to be as the Cr.P.C.), appellants-Anup Chand, Suresh Chand and Manoj have challenged their conviction recorded under Sec. 302 IPC and sentence whereby each of them was directed to undergo rigorous imprisonment for life with fine of Rs.10,000.00 each, in default of making payment of which, the defaulter was directed to undergo three months' additional imprisonment, which was recorded by learned Additional Sessions Judge, Kotdwar, Pauri Gahwal in Sessions Trial No. 37 of 2013.

(2.) Facts in a nutshell are that P.W.1-Kunwar Singh (informant) gave an application dtd. 20/6/2013 to the Station Officer, Police Station Kotdwar to the effect that his son namely Kiran Singh had gone from house at about 06:00 PM for a walk. After sometime of his departure, P.W.1 and his wife P.W.2 also went to have a walk. When they reached near the house of one Chauhan, they saw at a distance of 70 metres that a Max vehicle was parked at the roadside and nearby which, three persons were belabouring a person with stones, sticks and hammer. After going near them when they raised alarm, all three began to run, all of who were my neighbours and were identified as Anup Chand, Suresh Chand and Manoj by both of them. The person lying on the road was soaked with blood and was wriggling out, was his son. On being taken to the hospital, the injured succumbed to his injuries. Seeing the said incident, the wife of the informant became extremely shocked who was taken to their house by the informant. Thereafter, the informant went to lodge the report. He further stated that earlier also marpeet was committed with my son, on instance of their brother-Narendra Singh, they committed this incident; Mohan Lal was also involved in this incident. With these averments, F.I.R. (Ext. Ka-1) was lodged.

(3.) On the basis of the said report, the case was registered at Police Station Kotdwar against the appellants namely Anup Chand, Suresh Chand, Manoj, Narendra Singh and Mohan Lal under Ss. 302 and 120-B IPC. The chik FIR is on record as Ext.Ka-22. The matter was investigated by the Investigating Officer, who recorded the statements of witnesses; inspected the place of occurrence; prepared the site map; got recovered the murder weapons; sent the murder weapons for the purpose of chemical examination at Forensic Science Laboratory, Uttarakhand, Dehradun and after culmination of investigation submitted a charge-sheet against the appellants-Anup Chand, Suresh Chand and Manoj under Sec. 302 IPC, whereas, as against appellant-accused Mohan Lal, a charge-sheet under Sec. 120-B IPC was submitted in the court. The said charge-sheet is Ext. Ka-21. Narendra Singh was not charge-sheeted.