RUPENDRA @BHUPENDRA @ SAUNTHIYA Vs. STATE

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 07.12.2016, rendered by learned Sessions Judge, Uttarkashi, in Sessions Trial No.06 of 2014, whereby the appellant was charged with and tried for the offences under Section 302 read with Section 201 IPC. The appellant was convicted and sentenced to undergo life imprisonment under Section 302 and to pay a fine of Rs.25,000/- and in default of payment of fine to undergo additional six months rigorous imprisonment. The appellant was further convicted and sentenced to undergo seven years' rigorous imprisonment under Section 201 IPC and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo additional two months' rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that on 17.03.2014 one Sri Kapoor Chand has informed the police on mobile that a body was lying in a field. Thereafter, S.H.O. J.P. Kukreti, S.I. Mahadev Uniyal along with other constables went to the spot. The dead body was seen in the mustard field. Thereafter, the brother of the deceased also lodged a report. The dead body was sent for postmortem examination. The matter was investigated and the challan was put up against the appellant after completing all the codal formalities. The prosecution has examined number of witnesses in its support. The statement of the appellant was recorded under Section 313 of Cr.P.C. He has denied the case of the prosecution. The appellant was convicted and sentenced, as noticed hereinabove. Hence, the present appeal.

(3.) Learned Advocate for the appellant has vehemently argued that the prosecution has failed to prove its case beyond reasonable doubt against the appellant. Learned counsel appearing on behalf of the State has supported the judgment and order dated 07.12.2016.