BASANT @ CHOTU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 12.12.2012, rendered by learned Additional Sessions Judge, Haldwani Nainital in Sessions Trial No.29 of 2009 and Sessions Trial No.31 of 2009, whereby the appellant, was charged with and tried for the offences under Section 302 IPC and Section 25 of the Arms Act. The appellant was convicted and sentenced to undergo life imprisonment under Section 302 IPC and to pay a fine of Rs.5,000/- and in default of payment of fine to under additional imprisonment for a period of one year. He was also convicted and sentenced to undergo rigorous imprisonment for a period of one year under Section 25 of the Arms Act and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo additional imprisonment for a period of one month. All the sentences imposed under the aforesaid sections were directed to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that PW1 Umesh Kumar lodged a report on 16.09.2008 to the effect that his father was coming from Ranibhag towards Kathgodam at about 06:15 PM. The road near Gulabghati was damaged. He got down from the motorcycle to urinate.

(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 and order dated 12.12.2012.