RANJAN SARKAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 4/9/2004, passed in Sessions Trial No. 204 of 2002 by learned Additional Sessions Judge/III Fast Track Court, Udham Singh Nagar (Rudrapur), whereby appellant Ranjan Sarkar, has been convicted under Section 302 of Indian Penal Code, 1860, and sentenced to imprisonment for life with further direction to pay a fine of Rs. 2,000.00 in default in payment of which the appellant is required to undergo three months further rigorous imprisonment.

(2.) Prosecution story in brief is that in the intervening night of 23rd and 24th April 2002, informant P.W. 3 Sona Singh was sleeping with his brothers P.W. 2 Balbeer Singh and P.W. 4 Gurmeet Singh in separate cots in the courtyard of his house. By his side, his father Bariyam Singh (deceased) was also sleeping in his cot. At about 2:00 A.M., Ranjan Sarkar, with whom deceased had some litigation relating to a peace of land came along with his one associate. Appellant Ranjan Sarkar then fired a shot from a country made pistol at informant's father Bariyam Singh. The informant and his brothers challenged and made efforts to apprehend the culprits but both of them fled towards river. The informant P.W. 3 Sona Singh, P.W. 2 Balbeer Singh and P.W. 4 Gurmeet Singh, could see and recognise the appellant Ranjan Sarkar in moonlight. They also saw his associate to whom they can recognise if he is made to appear before them. The informant P.W. 3 Sona Singh, soon after the incident, took his injured father Bariyam Singh to Government Hospital, Rudrapur where he died on the very day. Thereafter informant Sona Singh (P.W. 3), lodged First Information Report with Police Station, Rudrapur, against the appellant Ranjan Sarkar and his unknown associate regarding the offence alleged to have been committed by them, punishable under Section 302 of Indian Penal Code. The report was registered as Crime No. 348 of 2002, at 6:17 A.M. on the very day i.e. on 24/4/2002. Thereafter, the police took the dead body in possession and prepared Inquest Report (Exh. A-1) and sent the same for post-mortem examination with connected necessary papers. Autopsy was conducted by Dr. Virendra Kumar Dixit (P.W. 6) on the same day i.e. on 24/4/2002 at about 1:00 P.M. The Medical Officer at the time of post-mortem examination found following ante mortem injuries:-

(3.) After investigation, the Investigating Officer (P.W. 7), submitted charge sheet against the accused Ranjan Sarkar for his trial on the charge of offence punishable under Section 302 of Indian Penal Code. The charge-sheet was registered by concerned Magistrate, who after giving necessary copies to the accused persons as required under Section 207 of Code of Criminal Procedure, 1973, committed the case to the Court of Sessions for trial. Learned Sessions Judge, after hearing the prosecution and the accused, framed charge of offence punishable under Section 302 of Indian Penal Code against the accused Ranjan Sarkar (appellant), who pleaded not guilty and claimed to be tried. Then prosecution got examined P.W. 1 Bhola Singh (witness of Inquest Report), P.W. 2 Balbeer Singh (eyewitness), P.W. 3 Spna Singh (informant and eyewitness), P.W. 4 Gurmeet Singh (eyewitness), P.W. 5 Ram Kumar Gangwar (Head Constable), who prepared the check report of First Information Report, P.W. 6 Dr. Virendra Kumar Dixit - Medical Officer who conducted autopsy and P.W. 7 Sub-Inspector Brijesh Kumar Tyagi - The Investigating Officer. In the form of documentary evidence, Inquest Report (Exh. A-1), First Information Report (Exh. A-2), Post-Mortem Examination Report (Exh. A-3), Check Report of First Information Report (Exh. A-4), General Diary (Exh. A-5), Site Plan (Exh. A-6), Memo of recovery of bloodstained mattress, mosquito net and lantern (Exh. A-7) and Charge-Sheet (Exh. A-8), was got proved by the prosecution. On being confronted with the oral and documentary evidence adduced by the prosecution, the accused Ranjan Sarkar in his examination under Section 313 of Code of Criminal Procedure, 1973, alleged the evidence adduced agains him to be false. In the defence, he submitted only copies of revenue papers Khasra and Khatauni paper Nos. 51-B and 52-B, showing that land transferred by the deceased to the appellant had already been recorded in his name. After hearing both the sides, learned Additional Sessions Judge, who tried the case, found Ranjan Sarkar guilty of offence punishable under Section 302 of Indian Penal Code, 1860, and convicted him under said section and sentenced to imprisonment for life. Aggrieved by which, this appeal has been preferred.