PUSKAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is instituted against the judgment and order dated 08.08.2012 passed by learned Additional District & Sessions Judge, Khatima, District Udham Singh Nagar in Sessions Trial No. 265 of 2005, whereby the accused/appellants-Puskar Singh, Kulwant Singh @ Kali and Surjeet Singh @ Billu were charged with and tried for the offences punishable under Sections 302 & 201 of IPC. Kulwant Singh @ Kali and Surejeet Singh @ Billu were acquitted. Appellant-Puskar Singh was convicted under Sections 302 & 201 of IPC. The trial court has sentenced the accused/appellant to undergo rigorous imprisonment for life with fine of Rs.5000/- under Section 302 IPC and in case of default of payment of fine, to undergo simple imprisonment for a further period of six months and also to undergo for two years rigorous imprisonment with fine of Rs.1,000/- under Section 201 IPC and in case of default of payment of fine, to undergo simple imprisonment for a further period of one month with the stipulation that all the sentences shall run concurrently.

(2.) The case of the prosecution, in a nutshell, is that complainant s father - Jaman Singh (deceased) left his house on 17.08.2005 for searching labourers for sowing paddy when his father reached in front of the house of Ramvilas, accused Pushkar Singh, Kulwant Singh @ Kali and Surjeet Singh @ Billu started abusing his father. His father asked them not to do so. Thereafter, accused persons took away his father on motorcycle. This incident was witnessed by his uncle Bhagwan Singh, Pushkar Singh, Diwan Singh Jyala and Madho Singh. Thereafter, dead body was recovered.

(3.) The body was sent for conducting the post mortem examination. Investigation was completed and the Challan was put up after completing all the codal formalities.