RAJU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 25.09.2013, rendered by learned Sessions Judge, U.S. Nagar in Sessions Trial No.24 of 2009 and Sessions Trial No.25 of 2009, whereby the appellantaccused, was charged with and tried for the offences under Section 302 of IPC read with Section 4/25 of the Arms Act. The appellant was convicted and sentenced to undergo life imprisonment under Section 302 of IPC and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo additional imprisonment for a period of six months. He was also convicted and sentenced to undergo imprisonment for a period of one year under Section 4/25 of the Arms Act and to pay a fine of Rs.500/- and in default of payment of fine to undergo additional imprisonment for a period of one month.

(2.) The case of the prosecution, in a nutshell, is that PW1 Ikram lodged an FIR on 18.11.2006 at 19:55 hours, to the effect, that his grandson Manjeet Singh along with his younger brother was going to the shop. The appellant all of a sudden appeared near the house of Chunni and stabbed his grandson on his chest. Sukhi was also present on the spot. Manjeet Sigh was taken to the Government hospital. He was declared dead. The postmortem was conducted by PW4 Dr. T.K. Pant. The recoveries were effected including knife from the appellant. The investigation was carried out and the challan was put up after completing all the codal formalities. The prosecution has examined as many as nine witnesses in its support. The statement of the appellant-accused was also recorded under Section 313 of Cr.P.C. He has denied the case of the prosecution. The appellant-accused was convicted and sentenced, as noticed hereinabove. Hence, this appeal.

(3.) Learned Counsel for the appellant has vehemently argued that the prosecution has failed to prove its case. Learned counsel on behalf of the State has supported the judgment dated 25.09.2013.