INTEZAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both the appeals have arisen out of a common judgment and order, hence they are being disposed of together by this common judgment.

(2.) PRESENT appeals are preferred assailing the judgment and order dated 31.7.2012 passed by the First Additional Sessions Judge, Haridwar in S.T. No.281 of 2008, whereby the appellants Interzar, Iddu Hasan and Gulzar were held guilty for the offences punishable u/s 302 r/w 34 IPC, 364 r/w 34 IPC, 394 r/w 34 IPC, 411 IPC, 201 IPC and 120 -B IPC; all the appellants were sentenced to undergo life imprisonment and to pay fine of Rs.2,000/ - each for the offences punishable u/s 302 r/w 34 IPC; to undergo R.I. for ten years and to pay fine of Rs.2,000/ - each for the offence punishable u/s 364 r/w 34 IPC; to undergo R.I. for a period of ten years and to pay fine of Rs.2,000/ - each for the offence punishable u/s 394 r/w 34 IPC; to undergo R.I. for a period of two years and to pay fine of Rs.1,000/ - each for the offence punishable u/s 411 IPC; to undergo R.I. for a period of three years and to pay fine of Rs.1,000/ - each for the offence punishable u/s 201 IPC; to undergo imprisonment for life and to pay fine of Rs.2,000/ - each for the offences punishable u/s 120 -B IPC.

(3.) BRIEF facts of the case, inter alia, are that PW1 Lal Singh got registered one FIR written by Rakesh Kumar with P.S. Purkaji, District Muzaffarnagar on 12.10.2007, Ex.Ka -1, stating therein that in the evening of 11.10.2007, he along with PW2 Pawan Kumar and his brother Nitu @ Budh Singh (deceased) was sitting in their house; his brother Nitu @ Buddh Singh (deceased) was having tractor -trolley No.UA08 - 1340 and used to give the same on hire; two people came in the evening of 11.10.2007 and told his brother Nitu (deceased) that they were sent by Zakir of their village to hire his tractortrolley to transport potato and onion from Purkaji to Jwalapur Mand; deceased demanded Rs.3,000/ - to transport onion and potato from Purkaji to Jwalapur Mandi, however, ultimately, negotiations settled at Rs.2,300/ -; Nitu left the house at about 5:30 PM on the same day along with those two people to transport potato and onion from Purkaji to Jwalapur Mandi; Nitu (deceased) was having mobile phone no.9411191094 of Sony Ericson mark with BSNL SIM Card inserted therein; at about 6:30 in the evening, PW1 had talked with Nitu on his mobile whereupon Nitu has informed PW1 that he was near Katha -Peer Pathri; thereafter PW1 tried to make contact on the mobile phone of Nitu, however his phone was always found switched off; when phone was found switched off, PW1 became apprehensive about some mis -happening with his brother, therefore, he along with Pawan went to the house of Zakir to make enquiry; Zakir informed PW1 as well as PW2 Pawan that of course, two people came to him, however since he was not having the tractor -trolley available with him, therefore, he has asked both the people to make contact with Nitu, who also gives his tractor -trolley on hire; thereafter PW1 and PW2 along with other villagers started searching for Nitu; meanwhile Village Pradhan Rampal Singh (PW4) informed the SHO of P.S. Pathri on phone that the last location of Nitu deceased was near Pathri, therefore, he could be searched; in the morning of 12.10.2007, PW1, PW2 and other villagers went to Pathri to make enquiry about Nitu deceased and ultimately, they found the dead body of Nitu in the agricultural field of Jatan Singh and tractor -trolley was found parked on the road near the agricultural field of Jatan Singh; Muffler was found surrounded on the neck of deceased Nitu @ Budh Singh.