RAKESH @ DHOLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE all criminal appeals have arisen out of the common impugned judgment and order dated 05 -02 -2007 passed by Addl. District Judge, Roorkee in S.T. Nos. 296 of 2002, 297 of 2002, 252 of 2003 and 367 of 2005, hence all these appeals have been heard together and are being disposed of by this common judgment. By the impugned judgment and order, the Appellants -Ravi Vas, Rakesh @ Dhola and Yogesh @ Marshall were convicted under Sections 364 Indian Penal Code, 302/34 Indian Penal Code & 201 Indian Penal Code and each of them were sentenced to undergo 7 years R.I., imprisonment for life and 5 years respectively. Each of the Appellants were further directed to pay fine of Rs. 500/ -, Rs. 2000/ - and Rs. 500/ - on each counts respectively and in de -fault of payment of fine the Appellants were to undergo for further six months R.I., 1 year R.I. and 6 months R.I. respectively. The Appellant Ravi Vas was also convicted and sentenced to undergo for one year R.I. and a fine of Rs. 500/ - under Section 25 of Arms Act. In de -fault of payment of fine of Rs. 500/ -, the Appellant Ravi Vas was to undergo for further 15 days R.I. The Appellant Rakesh @ Dhola was also convicted and sentenced to undergo for one year R.I. and a fine of Rs. 100/ - under Section 25/4 Arms Act. In default of payment of fine of Rs. 100/ -, the Appellant -Rakesh @ Dhola was to undergo for further 15 days R.I. However, the Appellants Ravi Vas, Rakesh Dhola and Yogesh @ Marshal were acquitted from the charges under Sections 147 & 148 I.P.C. Co -accused Shivrarn was acquitted of the charges levelled against him.

(2.) BRIEF facts of the case are that complainant Krishna Chandra Garg PW1 lodged a gumsudgi report Ex Ka. 2 of his son Yogesh Kumar on 27 -10 -2001 alleging therein that his son Yogesh Kumar, L.I.C. agent, has left for Roorkee on 25 -10 -2001 at about 9:00 am, but he did not return from there. It was learnt that on 25 -10 -2001 at 6:30 p.m., he took bicycle of one Ram Singh from Iqbal Pur Sugar Mill Colony and left for Jhabreda. Thereafter, a thorough search was made. When he was not found, Krishna Chandra Garg lodged an F.I.R. Ex Ka. 1 at P.S. Jhabreda on 08 -01 -2002 alleging therein that he lodged a gumsudgi report of his son on 27 -10 -2001. On 07 -01 -2002 he went to village Delana where he was informed by one Aman Singh PW2 that after 2 -3 days of Dussehra he saw Yogesh Kumar going towards 'Sunheti' jungle in the company of Rakesh @ Dhola, Yogesh @ Marshal, Shivram, Mursleen and Ravi Vas. Aman Singh PW2 also told the complainant that he did not disclose this fact to anyone due to fear. Aman Singh PW2 further told him that he knew the aforesaid persons and advised him to make search of his son. On the basis of the F.I.R., a chick report was prepared and necessary entry Was made in the General Diary vide Ex. Ka. 9. The investigation of the case was entrusted to S.I. Suraj Bhan PW8. The then S.O. Jhabreda Vimal Chandra PW9 arrested the accused Ravi Vas and Rakesh @ Dhola on 08 -01 -2002 and a country made pistol and a cartridge were recovered from the personal search of accused Ravi Vas whereas from the personal search of Rakesh @ Dhola, a knife of prohibited size was recovered. There -after, both the accused/appellants were interrogated by the police. The dead body (human skeleton) was recovered from the sugarcane field of one Babu Ram at Sunheti at the pointing out by the accused/appellants Ravi Vas and Rakesh @ Dhola. The said human skeleton (dead body) was identified by the informant Krishna Chandra PW1 as Yogesh Kumar. Thereafter, the investigation was transferred from S.I. Suraj Bhanu PW8 to the then S.O. Vimal Chandra PW9 in the month of February, 2002 and he started the investigation of the case after the perusal of the case diary and he recorded the statement of the witnesses. The Investigating Officer after completing the necessary formalities of the investigation submitted the chargesheet before the court. He submit -ted the chargesheet against Ravi Vas, Rakesh @ Dhola and Yogesh @ Marshall Under Section 147, 148, 149, 364, 302 & 201 I.P.C. He further indicated in the chargesheet that the accused Shiv Ram and Mursleen are not traceable, as such, proceedings Under Section 82 and 83 Code of Criminal Procedure is going on against them. No chargesheet was submitted against the accused Shiv Ram and Mursleen. It is also revealed from the record that later on a separate chargesheet was filed against accused Shiv Ram.

(3.) THE prosecution in support of its case examined eleven witnesses. Krishna Chandra Garg PW1 is father of de -ceased Yogesh Kumar. He lodged gumsudgi report and F.I.R. (Ex. Ka. 2 and Ex. Ka. 1 respectively). Aman Singh PW2 is the witness who saw the accused per -sons taking the deceased towards the field of sugarcane. This witness has disclosed this fact to the father of the de -ceased Krishna Chandra Garg PW1. Bhram Pal Singh PW3 and Shyam Lal PW5 have proved the factum of recovery of the dead body of deceased from the sugarcane field of Babu Ram at the pointing out of accused/appellants Rakesh @ Dhola and Ravi Vas. Praveen Kumar PW4 is the scribe of the reports Ex. Ka. 1 and Ex. Ka. 2. He scribed the report on the dictation of Krishna Chandra Garg PW1. Surendra Kumar PW6 & also Bhram Pal Singh PW3 have proved the factum of discovery of spade and chain from the field of Baburam at the pointing out Yogesh @ Marshall Dr. Suresh Kumar Chauhan PW7 is the medical officer who conducted the post -mortem of the deceased. Suraj Bhanu PW8 is the Sub Inspector who investigated the case in part. Vimal Chandra PW9, Station Officer is also the Investigating Officer of this case and he completed the rest of the investigation and submitted the chargesheet. Constable Hitler Singh PW10 is a formal witness of police. S.I. Govind Singh Manola PW11 has investigated the case against the accused -appellant Ravi Vas and Rakesh @ Dhola under Arms Act and submitted the chargesheets Ex. Ka. 24 and Ex. Ka. 25 against the accused/appellants Ravi Vas and Rakesh @ Dhola.