PRITAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal appeal has been filed by the appellant against the judgment and order dated 5.8.2003 passed by the Additional Sessions Judge/F.T.C Hardwar in Sessions Trial No. 26 of 1996 convicting and sentencing him to undergo life imprisonment and a fine of Rs. 20,000/ - under section 302/34 I.P.C. and three years R.L and fine of Rs. 5000/under section 201 I.P.C.

(2.) THE prosecution case as disclosed from the first information report and the evidence, is that the brother of the complainant Bijendra s/o Medu was missing since the night of 8/9.12.2001. A report in that regard was lodged by the complainant in Police Out Post, Gorthanpur, P.S. Manglore, District Hardwar, to the effect that complainant was informed by his Bhabhi (sister -in -law) Smt Usha Devi that in the night of 8/9.12.2001, her Bhabhi's son Vikas, her Jija (brother -in -law) Pritam Singh s/o Baru r/o Dharampur, friends of Vikas. namely, Neetu and Bheria r/o Bijcpura, took away his brother forcibly with intent to usurp Rs. 12,000/ - which he had received by sale of sugar -cane, his land and house; and they have threatened his Bhabhi that in case she tells this to anyone, they will kill her. This incident was witnessed by his villagers, namely, Jay Kumar s/o Chandrapal, Gujar and Sri Nepal s/o Kali Ram, who saw all the above four accused persons forcibly pulling his brother in the night of 8/9.12.2001 near the field of Buddhu Jhivar. The complainant came this fact and lodged the report on 14.12.2001 (Ext. Ka -1).

(3.) ON receipt of the report, investigation of the case was handed over to Sri N.C Johari, Sub Inspector, who arrested the accused Pritam Singh on 15.12.2001 and on his pointing, the dead body of Vijendra Singh was recovered. The Investigating Officer prepared site plan (Ext. Ka -8) of the place from where the dead body was recovered. The Investigating Officer also conducted inquest on the dead body of deceased and prepared Panchayatnama (Ext. Ka -13). Post mortem on the dead body of the deceased was conducted by Dr. S.C Sharma, Medical Officer, H.M.G. Hospital, Hardwar.