SHEKHAR JOSHI AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 02.06.2010/03.06.2010 passed by 1st Additional Sessions Judge/ FTC, Haldwani, Nainital in Session Trial No. 142 of 2006 whereby both the appellants were held guilty for the offence punishable under Section 302 read with Section 34 IPC and were sentenced to undergo rigorous life imprisonment and to pay fine of Rs. 20,000/- each and in default of making payment of fine, to undergo additional imprisonment of one year.

(2.) Brief facts of the present case, inter alia, are that Rajendra Singh Rawat PW1 reported on 01.05.2006 to police of police station Kathgodam, Haldwani, Nainital that previous day evening, his brother Devendra Singh Rawat, resident of Nawad Khera, Gaulapaar, Haldwani was taken by Ramesh Chandra Arya, son of Bacchi Ram Arya, with him on the pretext of attending marriage, at about 09.00 p.m. and on the next day i.e. on 01.05.2006, dead body of his brother Devendra Singh Rawat was recovered; we apprehends that either Ramesh Chandra Arya himself or he with the help of someone else might have murdered Devendra Singh Rawat; Devendra Singh Rawat (deceased) was last seen in the company of Ramesh Chandra Arya by Ram Bisht and Heera Singh. On this, chik report was prepared and FIR was got registered as case crime no. 810 of 2006 under Section 302 IPC.

(3.) On 01.05.2006, dead body of Devendra Singh Rawat was recovered from Sultanpur Nagari turn, Gaulapaar, Haldwani; same was sealed on the spot and sent for post mortem examination. From the spot, Investigating Officer had also collected bloodstained stone, sand as well as plain sand and same were sealed. Motorcycle of deceased was also recovered from the spot on the same day. During the investigation, role played by both the appellants in the murder of Devendra Singh Rawat came into the knowledge of Investigating Officer Mohd. Zaheer (PW9) whereupon both the appellants were arrested on 11.05.2006.