DARSHAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal preferred under Sec. 374 (2) of the Code of Criminal Procedure, is directed against the judgment & order dtd. 15/6/2023 passed by learned Sessions Judge, Nainital in Sessions Trial No. 04 of 2019 "State Vs. Devendra Singh and others", whereby the accused/appellant-Darshan Singh has been convicted under Sec. 120-B read with Sec. 302 I.P.C. of Indian Penal Code, 1860 and has been sentenced to undergo rigorous imprisonment for life and directed to pay fine of fine of ? 50,000/-, and in default of payment of fine, further simple imprisonment for a period of three years.

(2.) Prosecution case, in brief, is that on 1/9/2018, complainant Diwan Singh (brother of the deceased) gave a written complaint at Police Station, Ramnagar, stating therein that, on 1/9/2018, he went to Ramnagar Court with his real brother Virender Manral@Veeru and his cousin brother, Kuldeep Singh Manral for the hearing of a case in the Court of Additional Sessions Judge, Ramnagar. It is stated in the written complaint that when complainant with his brother Virender and Kuldeep came out of the Court, then suddenly Sonu Kandpal said to Devendra@Bau that Veeru is here, shoot him and, at around 01.35 p.m. Devendra@Bau shot at complainant's brother, namely, Virendra on the left side of his chest and fled away towards khatadi in a car, whose engine was switched on and kept ready to depart. Thereafter, complainant with Kuldeep Singh and also with the help of local people took Virendra Manral to Government Hospital, where he was declared brought dead by the doctor. It is further stated in the complaint that Devendra@Bau had taken money from Harish Phartiyal for contract to kill his brother. It is further stated that Harish Phartiyal and Sanjay Negi are involved in the murder of his brother and requested to lodge a complaint to this effect and take legal action in the matter.

(3.) On the basis of the said complaint, F.I.R. was lodged against four persons, namely, Devendra @ Bau, Sonu Kandpal, Harish Phartiyal and Sanjay Negi under Ss. 302 and 120-B of I.P.C. After the matter was investigated upon, it culminated into filing of charge sheet NO.215/2018, against the accused, namely, Devdendra Singh @ Bau, Gurpreet Singh @ Gopi, Darshan Singh and organized accused, Sanjay Kandpal, the Separate charge sheet no.215A/2019 was filed under Sec. 302, 120B and 34 of Indian Penal Code, 1960. Upon hearing the parties, learned Sessions Judge, Nainital framed charge of offences punishable under Ss. 302/34 of I.P.C. against the accused, to which the accused pleaded not guilty and claimed to be tried.