MUKESH KUMAR KASHYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS Appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order dated 12.03.2013, passed by Special Judge (C.B.I.)/Addl. District and Sessions Judge, Nainital, in Sessions Trial No.187 of 2006, whereby said court has convicted accused/appellant Mukesh Kumar Kashyap under Section 302 and 201 I.P.C., sentenced him imprisonment for life and directed to pay fine of Rs. 20,000/ - under section 302 IPC, in default of payment of fine the convict is directed to undergo simple imprisonment for a further period of one year. He has been further sentenced to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 5,000/ - under section 201 IPC, in default of payment of fine, he has been directed to undergo simple imprisonment for a further period of three months.

(2.) HEARD learned counsel for the appellant, learned Brief Holder for the State, and perused the lower court record.

(3.) ACCORDING to prosecution story, on 07.05.2006, P.W.1 S.O. Chandan Singh Jadaut lodged a report on the basis of verbal information that on 07.05.2006 at about 7:53 p.m., he was on duty at Ghorakhal TIRAHA (an intersection of three roads) with driver Narendra Singh. At that time, Mukesh Gururani (informer) resident of Bhowali, from his mobile no. 9411162326 informed him in his mobile no. 9412403548 that near Shyamkhet Village at Bhowali -Ramgarh road, one lady, in a burnt condition, was screaming aside the road. On receiving the information, he (P.W.1), alongwith his driver, in government jeep, reached at the spot. At Shyamkhet Village, near Bhowali -Ramgarh road, the lady was screaming in ablaze condition, aside the road. With the help of public, she was taken to C.H.C. Bhowali for her treatment. At C.H.C. Bhowali, lady Medical Officer gave her primary treatment and after that, she was referred to Sushila Tiwari Hospital, Haldwani. She was taken to hospital in government ambulance with Constable Lalit Upadhyaya and Constable Harish Ram. Probably, she was set on fire by unknown persons. During treatment at C.H.C. Bhowali, in front of him, deceased disclosed to Medical Officer that she is resident of Kashipur, Katorataal and her husband's name is Mukesh. Beside it, she did not disclose anything, due to shock. On the basis of said report, First Information Report (Ex.A1) was lodged and crime no. 603 of 2006 was registered in respect of offence punishable under section 307 IPC at Police Station Bhowali, District Nainital, against unknown person. P.W. 14 S.I. Nand Ram, Investigating Officer, inspected the spot, prepared site plan (Ex. A8), recovered, a five -liter jericane of kerosene, sleeves of burnt blouse (brown in colour), burnt underskirt, burnt saree and matchbox and prepared recovery memo. The investigation was further transferred to S.I. Vijay Singh Chaudhary, who prepared inquest report and post mortem report and also prepared C.D. of the same. Lastly, the investigation was taken up by S.S.I. Mahesh Chandra, who interrogated the witnesses, started investigation and after completion of investigation, submitted charge sheet against accused Mukesh Kumar Kashyap, for his trial in respect of offence punishable under Sections 302, 201, 34, 120 B I.P.C.