ANIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the common questions of law and facts are involved in the above numbered appeals, hence these are being taken together and are adjudicated by this common judgment.

(2.) The Criminal Appeal No.245 of 2012 and Criminal Appeal No.275 of 2012 are instituted against the judgment dated 27.08.2012 rendered by learned Ist Additional Sessions Judge, Rishikesh in Sessions Trial No.30 of 2007, whereby the accused namely Vipin Mehta, Anil, Subhash, Sonu, Kukku and Ritesh Chaudhary were charged with and tried for the offences punishable under Sections 302 read with 34 and 201 of IPC. Accused namely Vipin Mehta, Anil, Subhash and Sonu were convicted under Sections 302 read with 34 and 201 of IPC. Accused Kukku and Ritesh were acquitted by the trial court. The trial court has sentenced the accused/appellants ( Vipin Mehta, Anil, Subhash and Sonu) to undergo imprisonment for life with fine of Rs.5,000/- under Section 302 IPC read with Section 34 IPC and in case of default of payment of fine, to undergo imprisonment for a further period of four months. They were also sentenced to undergo two years simple imprisonment with fine of Rs.2,000/- under Section 201 IPC and in case of default of payment of fine, to undergo imprisonment for a further period of two months. Both the sentences were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that PW-1 Ashok Tyagi lodged a report at Police Station Rishikesh. According to the first information report, his brother Gopal Tyagi was staying in the house of Satya Prakash Tyagi. He received a telephonic call on 09.11.2006 that the dead body of his brother was lying in the Barrage colony, Pashulok. This information was given to him by one Lallu Sharma. When he reached Rishikesh, he came to know that his brother was killed. He suspected that Anil, Subhash, Sonu and others were involved in the commission of offence.