PREM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred by the appellant assailing the judgment and order dtd. 11/9/2018, passed by learned Fourth Additional Sessions Judge, Haridwar in Sessions Trial No.291 of 2012, State vs. Prem, whereby the appellant has been convicted under Sec. 302 IPC and sentenced to undergo life imprisonment with fine of Rs.30,000.00 and, in default of fine, he was sentenced to undergo two years' additional simple imprisonment.

(2.) The facts of the case in brief are that a report was lodged by Shiv Kumar on 19/7/2012 at about 18:15 hours at Police Station Shyampur, District Haridwar to the effect that, on 16/7/2012 at about 12 noon, his mother-Krishna Devi and his father-Khem Chandra had gone in the jungle to fetch the wood. When they did not return taking the wood for a long time, he along with other people searched his parents and then his mother and father both were found dead in a jungle, who had been killed by causing injuries by some unknown persons. On the basis of above information, the case was registered under Sec. 302 IPC being Case Crime No.56 of 2012 at Police Station Shyampur, District Haridwar.

(3.) The investigation officer conducted investigation of the case, recorded the statements of witnesses and after inspecting the place of occurrence, prepared the site plan, inquest and sent dead bodies for post-mortem and on completion of investigation submitted a charge-sheet under Sec. 302 IPC in the court. The cognizance was taken against the accused /appellant and the case was committed to learned Sessions Judge for trial.