JANGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This judgment will adjudicate both the above-titled appeals as these have arisen out of the same judgment and order.

(2.) The case pertains to a mind baffling vicious crime wherefor the appellant has been found guilty for the offence of Section 302 IPC in addition to Section 25/4 Arms Act. He has been appropriately sentenced for the same by the learned Trial Judge vide his impugned judgment and order dated 18.12.2010. He was tried along with four other associates in Crime No. 26/96 under Section 302/34, 147, 302/149, 302 IPC as well as the Crime No. 28/96 under Section 25/4 Arms Act, PS Kankhal, District Haridwar. For convenience, we may advert the names of such accused persons Jangi @ Ram Singh Yadav as A1, Triloki as A2, Naresh as A3, Babu Lal as A4 and Sunil as A5. The entire trial could be culminated into acquittal of A2 to A5, while A1 has been convicted and punished as indicated above in ST No. 317/1996 and ST No. 318/1996.

(3.) The accused persons were charged for inflicting a fatal blow by a long sharp edged knife of two sides making the deceased mortally wounded and thus Mr. Rakesh, a youth of 26 years, lost his life. The incident happened on 3.3.1996 in Haridwar city around 10 PM near Mahila Milan Temple situated near a popular place Dam Kothi. On the date, at the time, little short of happening of the incident the informant Adesh Kumar (PW1, the real brother of the deceased), Bhushan Kumar (PW2), Sanjay, Rajendra, Ashok Kumar and others were, in order to collect the woods to be burnt in the Holi, were cutting a dried eucalyptus tree nearby. Thus, all persons along with the accused and deceased are the habitants in the close vicinity of the area. They were interrupted by all these accused persons, who asked them not to cut such wood. On failure to get favourable response, they left the place threatening to call Rafal Pal, a forest official, in order to invoke the legal action inasmuch as to their apprehension. While the accused persons were returning, they were confronted by Rakesh Kumar, the real brother of Adesh Kumar. As Rakesh Kumar could anticipate the stock of the trouble, so he was indulged in the altercations with the accused persons favouring the action of his brother Adesh Kumar and his companions. The quarrel escalated to the extent that A2, A3, A4 and A5 caught hold of Rakesh Kumar and A1 thrusted fatally the long knife in his abdomen making him mortally wounded. Having heard the screams of Rakesh, Adesh and his fellows rushed to his rescue. This cruel attack by A1 and his associates was witnessed by Adesh and his company friends from a short distance in the electricity lights spread from the nearby outpost lamps, but meanwhile all the accused persons took to their heels towards the Dam Kothi and disappeared. The injured Rakesh Kumar was soon shifted to the Government Hospital by his brother PW1 Adesh Kumar holding him as a pillion rider on a scooter driven by PW2 Bhushan Kumar. All efforts to save his life went in vain and he breathed his last at 1.15 AM of such intervening night in the hospital itself. So, this FIR Ex. Ka-1 was lodged at 2.15 AM of the selfsame night. Chick report whereof is Ex. Ka-9.