SURESH MEHTO Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These criminal appeals are directed against the common judgment and order dtd. 20/9/2023 passed by learned Second Additional Sessions Judge, Haridwar in Sessions Trial No.03 of 2019 State Vs. Suresh Mehto and another, whereby, the appellants-Suresh Mehto and Rajnarayan @ Rajkumar Mehto were convicted under Sec. 302 read with 34 IPC and were sentenced rigorous imprisonment for life with fine of Rs.20,000.00 (each), with default stipulation of one year's each additional simple imprisonment and the period undergone by the appellants in prison during trial, shall be set off against the sentence awarded by the Court. Hence, both the criminal appeals are being decided by this common judgment.

(2.) The case of the prosecution is set into motion when PW-1 Pramod Paswan-informant gave a written report in police station Sidcul, District Haridwar, stating therein that his brother-Pradeep Kumar Paswan worked in Cosmo Company in Sidcul, Haridwar and lived in the house of Rajnarayan (appellant in CRLA/ 694/2023) in Sidcul Roshnabad on rent; on 22/5/2018, he was informed by police of police station Shikarpur at late night, about the death of his brother under suspicious circumstances. At this information, he left for Haridwar with his family members from his house. When they reached Haridwar on 24/5/2018 and saw the dead body of his brother in mortuary, they found that someone had brutally murdered his brother. After completing funeral of his brother, he came to police station and lodged the first information report with a request to take legal action after reporting the case.

(3.) On the basis of the aforesaid written report, on 24/5/2018 at about 21:52 hrs., a chick FIR was registered, in police station Sidcul, District Haridwar, against the unknown persons and a Case Crime/FIR No.199 of 2018 under Sec. 302 IPC was registered. After investigation, police submitted a charge sheet against the appellants Suresh Mehto and Rajnarayan @ Rajkumar Mehto under Sec. 302 read with 34 IPC in the court. Thereafter, the case was committed by the Court of Chief Judicial Magistrate, Haridwar to Sessions Court after providing the copies of the prosecution case to the appellants.