NAVISHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant appeal is preferred against the judgment and order dtd. 27/10/2018, passed in Sessions Trial No. 72 of 2015, State Vs. Navisher and others, by the court of Sessions Judge, Rudrapur, District Udham Singh Nagar. By it, the appellants have been convicted under Sec. 302 IPC read with Sec. 34 IPC and sentenced for rigorous life imprisonment with a fine of Rs.20,000.00, and in default of payment of fine, to undergo further imprisonment for a period of six months.

(2.) Heard learned counsel for the parties and perused the record.

(3.) According to the FIR, on 6/1/2015, PW1 Sabir Khan, the informant was in his brother-in-law Ikram's house, who is deceased in the instant case. At about 09:00 p.m. on the date of incident, the deceased Ikram talked over telephone to some person and then told to PW1 Sabir Khan that the appellant Navisher had called him for some urgent work. Ikram did not return thereafter in the night. Next day in the morning, at about 05:00 - 05:30, when PW1 Sabir Khan, PW5 Shakhawat and others went to the house of the appellant Navisher in of Ikram, they saw appellants Navisher, Vashiruddin and others assaulting the deceased Ikram in their courtyard. Spotting the witnesses the appellants and others left the scene of occurrence. The deceased Ikram was bleeding from his head; there were multiple injuries in his body; he was taken to hospital where he died subsequently on 8/1/2015. Based on the FIR (Ex.A-1), Chik FIR (Ex.A-22) was recorded and a Case Crime No.32 of 2015, under Sec. 302 IPC was lodged at Police Station, Pulbhatta, District Udham Singh Nagar. The extract of G.D. is Ex.A-23. The inquest of the deceased was conducted on 8/1/2015. There were multiple injuries found on the person of the deceased. The inquest report is Ex.A-2. Thereafter the dead body of Ikram was sent for postmortem; it was conducted on 8/1/2015. Multiple injuries were found on the person of the deceased. They are as follows:-