ANKUR CHAUDHARY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is filed assailing the judgment and order dated 25.10.2010 passed by learned Additional Sessions Judge, Rishikesh in Sessions Trial No.200 of 2007, State v. Ankur Chaudhary and others, whereby the accused Ankur Chaudhary was held guilty for the offences punishable u/s 302/34 and 201 IPC whereas co -accused Vishnu and Mahipal were held guilty for the offences punishable u/s 201 and 120 -B IPC. Accused Ankur Chaudhary was sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/ - for the offences under Section 302 r/w Section 34 IPC; to undergo three years' simple imprisonment and to pay fine of Rs.2,000/ - for the offence under Section 201 IPC; accused Vishnu and Mahipal were sentenced to undergo three years' imprisonment and to pay fine of Rs.2,000/ - each for the offence under Section 201 IPC; to undergo life imprisonment and to pay fine of Rs.10,000/ - each for the offence under section 120 -B IPC.

(2.) BRIEF facts of the present case, inter alia, are that at about 9:30 PM of 10.9.2007, someone made a telephonic call at P.S. Rishikesh that the dead body of Rinku was lying on the bed in the house of Smt. Omwati. Having received such call, PW8 S.I. Om Prakash Arya along with other police personnel rushed towards the house of Smt. Omwati and found the dead body of deceased Rinku lying on the bed and the room was found locked from outside; police party got broken the lock, entered in the room and took the dead body in its custody which was immediately shifted to the hospital where Rinku was declared brought dead.

(3.) PW 1 Mintu got registered an FIR with P.S. Rishikesh, District Dehradun on the next day i.e. on 11.9.2007 at 11.30 A.M., which has resulted into the Chick FIR Ex.Ka -4 As per the report, deceased Rinku, real brother of PW1, went in the house of Smt. Omwati, mother of accused Mahipal, at about 7 PM on 10.9.2007,; deceased was found dead on the bed in the house of Smt. Omwati and the room was locked from outside; the lock was got opened by the police; PW1 had every apprehension and suspicion that firstly, alcohol might have been given to drink to his brother Rinku and thereafter he might have been killed by strangulating him by Mahipal, Vishnu and Ankur (friends of Mahipal) as well as Ms. Mangi, D/o one Jaga, who were inimical to Rinku. Therefore, after getting the report registered, appropriate action may be taken against the accused persons.