RISHIPAL Vs. STATE

JUDGEMENT

(1.) '' This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, (hereinafter referred as Cr.P.C.) is directed against the judgment and order dated 13.9.1993 passed by III Additional Sessions Judge, Dehradun, in Sessions Trial No.65 of 1988, whereby the appellant -Rishipal has been convicted under Sections 302, 364, 201, 171 and 420 of Indian Penal Code, 1860, (hereinafter referred as I.P.C.). The accused -appellant is sentenced to imprisonment for life and to pay fine of Rs. 3,000 under Section 302 I.P.C., imprisonment for life under Section 364 I.P.C., rigorous imprisonment for a period of two years under Section 201 I.P.C., rigorous imprisonment for a period of two months under Section 171 I.P.C. and rigorous imprisonment for a period of, 5 years under Section 420 I.P.C. by the trial court.

(2.) HEARD learned counsel for the parties and perused the entire lower court record.

(3.) THE Chief Judicial Magistrate, Dehradun, on receipt of charge -sheet on 7.11.1987, after supplying necessary copies to the accused/appellant as required under Section 207 Cr.P.C. committed the case to the Court of Sessions for trial. The Sessions Trial appears to have been transferred to the Court of III Additional Sessions Judge, Dehradun. The said Court on 29.4.1988, after hearing the prosecution and defence framed charge of offences punishable under Sections 420, 364, 302, 171 and 201 I.P.C. to which accused Rishipal pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 Raees Ahmad, who saw accused in the shop of the complainant; PW 2 Dr. Mohd. Alam, complainant; PW3 Hari Om, who has last seen Abdul Mabood in the car with accused, PW4 Jiledar Singh (declared hostile), PW5 Hizfur Rahman brother of Abdul Mabood; PW6 Anees Ahmad, who has corroborated that accused used to introduce himself as Captain Rana; PW7 -Akash Garg, resident of Panipat; PW8 -Badloo Ram, resident of Panipat; PW9 -Jai Bhagwan, resident of Panipat; PW10 -Ajit Chopra, resident of Panipat; PW11 -Tejveer Singh, resident of Panipat; PW12 -Subhash Sharma, witness of recovery; PW13 -Rajveer Singh, resident of Gurgaon; PW14 -Dharam Singh, resident of Gurgaon; PW15 -Chandra Raghav alias Munna, minor who accompanied the accused and Abdul Mabood in the Car from Dehradun; PW 16 Kanti Kumar Scientific Officer, Forensic Laboratory; PW17 -Muzaffar Ali, who started the investigation; PW18 -J.P. Sharma, who concluded the investigation and PW19 -Ramanand Pandey, another Scientific Officer of Forensic Laboratory, Agra. The oral and documentary evidence adduced by prosecution was put to the accused by the Trial Court, in reply to which, he alleged that evidence adduced against him to be false. However, he did not deny hand writing in some of letters. In defence, on behalf of accused -appellant DW1 -Yashveer Singh, brother of the accused and; DW2 -Constable Om Prakash, who proved the copy of extract of General Diary (Exhibit B2), were got examined. The prosecution after hearing the parties, found the accused -appellant guilty of charges of offence punishable under Sections 302, 364, 201, 171 and 420 of I.P.C. on 8.9.1993 and thereafter, heard on sentence on 13.9.1993 and sentenced the convict to imprisonment for life and to pay fine of Rs. 3,000 under Section 302 I.P.C., imprisonment for life under Section 364 I.P.C., rigorous imprisonment for a period of two years under Section 201 I.P.C., rigorous imprisonment for a period of two months under Section 171 IP.C. and rigorous imprisonment for a period of