NISCHAY SAH@ NIKKI SAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since common questions of law and facts are involved in the above-titled criminal appeals, hence the same are taken up together and are being adjudicated by this common judgment.

(2.) These appeals are instituted against the judgment and order dated 11.03.2011, rendered by learned Session Judge, Bageshwar in Session Trial No.07 of 2010, whereby the appellants-accused, who were charged with and tried for the offences under Section 302, 201 read with Section 34 of IPC. The accused have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of IPC read with Section 34 of IPC. They were further sentenced to undergo rigorous imprisonment punishable under Section 201 read with Section 34 of IPC for a period of three years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for a period of one year. All the sentences imposed under the aforesaid sections were directed to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that PW1 Virendra Singh has lodged the FIR on 28.05.2009 at P.S. Bageshwar, to the effect that his elder brother Nandan Singh Bhandari has left the house at 9:00 AM. He did not come back. A search was carried out. His dead body was recovered at 7:30 PM from a ditch near Sitapur Eye Hospital bearing multiple injuries. The FIR was registered against unknown persons. The postmortem was conducted and the investigation was carried out and the challan was put up after completing all the codal formalities. The prosecution has examined as many as eight witnesses in its support. The statements of the accused were also recorded under Section 313 of Cr.P.C. and they have denied the case of the prosecution. The accused were convicted and sentenced, as noticed hereinabove. Hence, these appeals.