SUNNY S/O SOBAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 28/30.09.2013 rendered by learned Additional Sessions Judge, Vikas Nagar, Dehradun in S.T. No.234/2010, whereby the appellant/ accused Sunny, who was charged with and tried for the offences punishable under Sections 302 and 201 of I.P.C., was sentenced to undergo imprisonment for life under Section 302 of I.P.C. with fine of Rs.30,000/- and in default of payment of fine to undergo additional rigorous imprisonment for a period of four months. For the offence of Section 201 I.P.C. the accused was sentenced to undergo three years' rigorous imprisonment with fine of Rs.20,000/- and in default of payment of fine to undergo additional rigorous imprisonment for a period of three months. All the sentences were directed to run concurrently.

(2.) Case of the prosecution in a nutshell is that the FIR was lodged on 18.8.2010 by PW2 Sasku Dass, to the effect that his brother Sunny (accused) killed his another brother Ganga Ram and thereafter hanged his body. His daughter Vinita (PW1) and wife of accused Neero Devi (PW4) were present on the spot and saw the occurrence. Dead body was sent for post-mortem examination. The post-mortem was conducted by PW3 Dr. K.B. Joshi. The matter was investigated and Challan was put up after completing all the codal formalities.

(3.) Prosecution has examined a number of witnesses in support of its case.