MUKESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred against the judgment and order dated 12.5.2011, passed by the Sessions Judge, Pauri Garhwal in Sessions Trial No. 09/2006 (Old No. 7/1998), Case Crime No. 01/97, under Sec. 328, 394, 364, 307, 302, 201 IPC, Challani Patti Bijlot, Tehsil Dhumakot, District Pauri Garhwal, whereby appellant was held guilty for the offences punishable under Sec. 328, 394, 364, 307, 302, 201 IPC and was awarded life imprisonment and fine of rupees five thousand under Sec. 302 IPC; RI for a period of ten years and fine of rupees four thousand under Sec. 364 IPC; RI for a period of five years and fine of rupees two thousand under Sec. 394 IPC; RI for a period of five years and fine of rupees three thousand under Sec. 328 IPC; RI for a period of three years and fine of rupees three thousand under Sec. 307 IPC and RI for a period of three years and fine of rupees two thousand under Sec. 201 IPC. The brief facts of the present case, inter alia, are that PW8 Keshar Singh was a taxi driver by profession; in the evening of 26.9.1997, Rajendra Singh Tariyal and Mukesh @ Pushkar (both the accused) came to the house of Keshar Singh PW8 and requested him to toe their jeep UTS -1551 first of all to Ramnagar and, if it is not repaired in Ramnagar, then to Kotdwar; PW8 Keshar Singh did not accede to their request to toe their vehicle in the evening of 26.9.1997, however, he promised them to toe their vehicle in the next morning on 27.9.1997; both the accused stayed with Keshar Singh PW8 at his residence and took dinner and slept there; next morning PW8 Keshar Singh has chained the vehicle UTS -1551 with his taxi UP06 -1578 to toe the same from Dhumakot to Ramnagar; PW8 was driving his own vehicle UP06 -1578; Rajendra Singh Tariyal was sitting next to him, while on the steering of jeep UTS -1551 was Mukesh, and Mahipal Singh was sitting next to him; PW8 as well as Mahipal Singh and both the accused reached to Ramnagar in the evening of 27.9.1997 and stayed in Ramnagar; next day morning, both the accused requested them to toe their breakdown vehicle to Kotdwar; PW8 and his nephew Mahipal Singh agreed to their request and started their journey towards Kotdwar; they reached Nagina at about 4 -5 o'clock in the afternoon of 28.9.1997, where the vehicle of PW8 UP06 -1578 also developed some technical problem and, therefore, they halted at Nagina for some time to cure the defect in their vehicle; both the accused offered tea and biscuit to consume to PW8 Keshar Singh as well as to his nephew Mahipal Singh; both of them consumed the biscuit and tea offered by the accused; having consumed the biscuit and tea, they fell unconscious; PW8 could gain his consciousness at about 2 -3 o'clock in the intervening night of 28/29.9.1997; he found himself packed in a jute bag; he somehow came out therefrom; he did not find his nephew Mahipal Singh or his car nearby, therefore, he immediately went to his relative Daulat Singh at Kotdwar, wherefrom he went to the hospital for treatment and thereafter went to Police Station Kotdwar and reported the matter to the Police Station Kotdwar on 29.9.1997 at 9.30 PM; Police Station Kotdwar initially registered the Chick FIR as No. Nil of 1997 under Ss. 307, 364, 328, 394 IPC; next day morning i.e. on 30.9.1997, secret information was received by the Police Station Kotdwar, whereupon police party left for the destination disclosed by the secret informant at about 5 -5.30 AM early in the morning; when the police party reached near BEL Road in the Sidhbali Factory area, they found both the accused present there along with their jeep bearing registration No. UTS -1551; both the accused were apprehended and were disclosed the reasons for their arrest and were arrested vide arrest memo Ex. A -1; both the accused were taken to the police station; both the accused disclosed to the SSI G.S. Dasauni P.W. 1 and SI R.K. Sharma PW2 that they have murdered Mahipal Singh and have thrown his dead body packed in a jute bag in a ditch; both the accused further disclosed to the police party that they could facilitate the recovery of the dead body of Mahipal Singh; P.W. 1 SSI G.S. Dasauni and PW2 SI Ram Kumar Sharma left the police station in the company of both the accused for the destination, wherefrom the accused had promised to facilitate the recovery of dead body of Mahipal Singh; since the area where the dead body was alleged to have been thrown by the accused was within the jurisdiction of revenue police, therefore, Nayab Tehsildar Manmohan Singh (PW6) and Patwari Chandra Prakash Chamoli (PW3) were taken along by the police party; PW8 Keshar Singh was also taken along from the Primary Health Centre, Kotdwar; police party along with the witnesses and PW8 as well as the accused reached to Hanumanti Fatehpur Road; on the request of both the accused, police vehicle was halted; both the accused pointed out that they have thrown the dead body in the ditch; both the accused walked ahead and got recovered the jute bag wherefrom the dead body of Mahipal Singh was recovered; recovery memo of the dead body was prepared on the spot, which was marked as Ex. A -2; thereafter both the accused disclosed that they have concealed the jeep looted from PW8 and Mahipal Singh at Bijnaur; police party was taken to Bijnaur, wherefrom the said jeep was recovered on the pointing out of the accused vide recovery memo Ex. A -5.

(2.) On the dead body of Mahipal Singh, post -mortem was conducted by Dr. Dinesh Kumar Dimri PW7.

(3.) Since the accused Rajendra Singh Tariyal had expired, therefore, learned Sessions Judge was pleased to frame the charges against Mukesh @ Pushkar (appellant) on 17.8.2001 for the offences punishable under Sec. 328, 394, 364, 307, 302 and 201 IPC. Accused denied the charges and claimed the trial.