PANKAJ S/O RAJKUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ALL the three appeals are filed assailing the one and common judgment/order dated 26.8.2013 passed by Ist Additional Sessions Judge, Haridwar in Sessions Trial No. 146 of 2009, whereby all the three accused/appellants were held guilty for the offences punishable under Sections 302 read with Section 34 IPC, Section 394 read with Section 34 IPC and Section 201 read with Section 34 IPC and all the three accused/appellants were awarded life imprisonment and fine of Rs. 5,000/ - each under Section 302 read with Section 34 IPC; RI for a period of 7 years and fine of Rs. 2,000/ - each under Section 394 read with Section 34 IPC and RI for a period of three years and fine of Rs. 1,000/ - each under Section 201 read with Section 34 IPC.

(2.) BRIEF facts of the present case, inter alia, are that on 25.2.2009 PW3 Mohd. Ajmal got registered one FIR with P.S. Jwalapur, District Haridwar, inter alia, stating therein that he is a resident of Mohalla Nechalgarh, P.S. Deoband, District Saharanpur, Uttar Pradesh; Murslin (deceased), real brother of PW3, was in business of supplying gold jewellery to Jawalapur after procuring the same from Meerut; at about 9:00 a.m. on 16.2.2009, Murslin (deceased) left his house to go to Jwalapur carrying jewellery with him; Murslin did not come back in the evening of 16.2.2009; search was made for him, however, in vain; on 16.2.2009, he informed P.S. Deoband, District Saharanpur about the missing of his brother Murslin (deceased); however, family members of Murslin (deceased) kept on searching for him; meanwhile, Mohd. Rehan (PW1), maternal uncle of PW3, informed PW3 that he (PW1) had a talk with Murslin on his cell phone on 16.2.2009 between 11:00 11:30 a.m. and Murslin (deceased) had disclosed him that he was going to Jwalapur to deliver jewellery to Jogendra @ Jogi/accused on his order; Ikram (PW2) also informed PW3 that on 16.2.2009, he (PW2) had seen Murslin at about 12:00 in the noon talking with Jogendra @ Jogi and Vishnu/ accused after deboarding from the bus near Harilok Bus Stop; PW2 also informed PW3 that he had seen Murslin (deceased) going with both the accused Jogendra @ Jogi and Vishnu on the motorcycle towards Harilok Colony; having received this information from PW2, inquiry was made from Jogendra/accused, however, Jogendra was looking nervous and he refused to speak to them; On this, PW3 got suspicion that Jogendra @ Jogi and Vishnu, with the help of their companions, might have looted Murslin and might have murdered Murslin.

(3.) POLICE arrested all the three accused on 25.02.2009; all the three accused confessed before the police that Murslin was murdered in the house of Pankaj/accused in Harilok Colony and his dead body was disposed of in river Ganges and all the jewellery being carried by Murslin were looted by them and they have divided the booty and they could facilitate the recovery of the booty; thereafter, police party went to river Ganges, wherefrom dead body of Murslin (deceased) was recovered and sent for autopsy after completion of the formalities; thereafter, police party went to the house of Vishnu; Vishnu after taking out one packet from his almirah handed over the booty along with 350 bore country made pistol to the police and stated that it was the weapon, whereby Murslin (deceased) was killed; having completed the formalities in the house of Vishnu, police party went to the house of Pankaj; in the room of Pankaj, police party noticed blood stains on the wall, double bed leg and also found broken piece of sunmica having blood stains; police party collected plaster from the wall containing blood stains, wooden leg of double bed and broken piece of sunmica and kept them in seal cover; Pankaj also took out one packet from the wooden almirah and handed over the booty to the police saying that said jewellery came into his share. He also handed over one blue colour bag to the police wherefrom police recovered voter ID of Murslin; thereafter, police party went to the house of Jogendra; Jogendra also handed over one packet of the looted jewellery after taking out from the box.