SUNIL KUMAR AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 24.12.2010 passed by the Additional Sessions Judge/Ist F.T.C., Haridwar in Sessions Trial No. 257 of 2003, Case Crime No. 09/2003, under Section 302 read with Section 34 IPC, PS Jhabrera, District Haridwar.

(2.) As per the prosecution story, PW1 Hargyan, on 30.1.2003, reported the matter to PS Jhabrera, District Haridwar vide Ex. A-1 that today morning at about 6.45 AM, his son, namely, Sanjay Kumar went to relieve himself; when he was relieving himself in the agricultural field of Isham Singh, S/o Santu, R/o Village Molna, some unknown person has shot him dead; dead body was brought by him back to the home and it is lying there in his home; therefore, report may be lodged and all the legal formalities be completed.

(3.) On the aforesaid report of PW1 Hargyan, Chick F.I.R. was got registered as Case Crime No. 09/2003 in the Police Station Jhabrera on 30.1.2003 itself at 9.15 AM, but no progress was made in the investigation of the murder of Sanjay Kumar, deceased. On 11.3.2003, PW1 Hargyan handed over second report Ex. A-2 to the police. It is stated in the second report that PW1 has already reported the matter to PS Jhabrera on 30.1.2003 itself that his son Sanjay Kumar was shot dead in the agricultural field of Isham Singh by some unknown person when he was relieving himself; today morning (i.e. in the morning of 11.3.2003), PW2 Mahaveer has informed PW1 that on 30.1.2003, when PW2 was passing through near the agricultural field of Isham Singh, he had seen both the accused Sunil Kumar and Avrodh Kumar running from the field of Isham Singh after firing the shot; besides this, Ram Sharan, S/o Chhota, (PW8) has also informed PW1 that both the accused Sunil Kumar and Avrodh Kumar came to PW8 and had confessed before him (PW8) that they had killed Sanjay Kumar since one Court case was pending between Smt. Surji, the mother-in-law of Narendra Kumar @ Neki Ram (PW5) and both the accused, in which PW1 Hargyan and his deceased son Sanjay Kumar were helping Narendra Kumar and his mother-in-law; 31.1.2003 was fixed in that case in the Court of law; therefore, in the morning of 30.1.2003, both the accused have shot dead his son Sanjay Kumar.