RAJA RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 03.04.2012 and 04.04.2012, rendered by learned Additional Sessions Judge/ Ist FTC, Rudrapur, District U.S. Nagar in Sessions Trial No.351 of 1999, whereby the appellants-accused, were charged with and tried for the offences under Section 302, 201 and 394 IPC. The appellants were convicted and sentenced to undergo life imprisonment under Section 302 IPC and to pay a fine of Rs.30,000/- (each) and in default of payment of fine to under additional imprisonment for a period of one year each. They were also convicted and sentenced to undergo rigorous imprisonment for a period of seven years under Section 201 IPC and to pay a fine of Rs.5,000/- (each) and in default of payment of fine to undergo additional imprisonment for a period of three months each. They were further convicted and sentenced to undergo rigorous imprisonment for a period of ten years under Section 394 IPC and to pay a fine of Rs.5,000/- (each) and in default of payment of fine to undergo additional imprisonment for a period of three months each. All the sentences imposed under the aforesaid sections were directed to run concurrently. One of the accused namely Murari has died during the pendency of trial. The trial qua him stood abated.

(2.) The case of the prosecution, in a nutshell, is that PW1 Smt. Dhandai lodged a report on 17.08.1999 to the effect that on 08.08.1999 in her neighbourhood, her husband has some altercation with Om Prakash, S/o Sri Nait Ram and Pappu, S/o Sri Ratan Lal. In the meantime, the accused Raja Ram, Mahendra and Murari came on the spot. They started abusing her husband. They started giving beatings to her husband. Her husband was saved by Om Prakash and Pappu. The accused escaped from the spot. They threatened to kill her husband within 7-8 days. On 09.08.1999, her husband has gone on his rickshaw. He did not come back till late night. The family members started looking for him. The missing report was lodged on 12.08.1999. The dead body was recovered on 15.08.1999. The dead body was sent for postmortem examination. The investigation was carried out and the challan was put up after completing all the codal formalities. The prosecution has examined as many as eleven witnesses in its support. The statements of the accused were also recorded under Section 313 of Cr.P.C. They have denied the case of the prosecution. The appellants were convicted and sentenced, as noticed hereinabove. Hence, this appeal.

(3.) Learned Legal Aid Counsel for the appellants has vehemently argued that the prosecution has failed to prove its case. Learned counsel on behalf of the State has supported the judgment and order dated 03.04.2012 and 04.04.2012.