SATYAVEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these appeals have been preferred under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.) against the judgment and order dated 10.12.2012 passed by the Sessions Judge, Haridwar, in Sessions trial No. 332 of 2008, State Vs. Satyaveer and two others, whereby the accused-appellants were convicted of the charge of offences punishable under Sections 147, 148, 504, 307/149 and 302/149 of IPC. All the accused-appellants were sentenced to undergo rigorous imprisonment for a period of one year under Sections 147 and 148 of IPC; rigorous imprisonment for a period of six months under Sec. 504 of IPC; five years rigorous imprisonment under Sec. 307/149 of Penal Code and life imprisonment under Sec. 302/149 of IPC. The trial court has directed that all the sentences shall run concurrently.

(2.) Prosecution story, in brief, is that complainant Raj Kumar lodged a complaint (Ext. A-1) with R.O.P. G.R.P. Roorkee, P.S. G.R.P. Laksar on 105.2008, at 12:00 P.M., alleging therein, that he was going to Roorkee with his nephew Amit in the morning in connection with some personal work by Rishikesh-Delhi Passenger Train. Amit was a student of B.C.A. in Bishambar Sahay Degree College, Roorkee and was going to his College. At about 07:45 a.m., five passengers came to them and asked them to leave the seat. When the complainant and Amit told them that they are coming from Laksar and have to de-board at Roorkee, then three boys out of the five, namely Satyaveer, Avinash and Prashant took out knives and started hurling abuses to them. The other two took out iron chain and belt. All of them started assaulting Amit. When Kuldeep, Gurdeep and Sandeep tried to intervene they were assaulted and sustained injuries in the scuffle. Two unknown accused fled away from the train, when the train stopped at Dhandhera railway station. Remaining three accused were apprehended with the help of co-passengers and the injured persons. On being asked, the accused persons, who were apprehended, disclosed their names as Satyavir, Avinash @ Mohit and Prashant Malik. The incident occurred in the train between Laksar and Roorkee railway stations. The complainant took Amit along with injured to the Govt. hospital Roorkee, where Amit was declared dead.

(3.) On the basis of said complaint, case crime no. 16 of 2008, under Sections 147, 148, 302, 324, 504 of Penal Code was registered at police out post G.R.P. Roorkee, P.S. G.R.P. Laksar on 12.05.2008, at 12:00 P.M., against accused Satyaveer, Avinash @ Mohit and Prashant Malik and chik FIR (Ext. A- 10) was prepared. The investigation of the case commenced. The Investigating Officer sent the dead body for postmortem, took evidence of the witnesses, inspected the place of incident and prepared site plan.