STATE Vs. FAKIR CHANDRA

JUDGEMENT

(1.) THIS appeal, under section 378(3) Cr.P.C, has been preferred by the State against the judgment and order dated 25.10.1994 passed by 1st Additional Sessions Judge, Dehradun, passed in Sessions Trial No. 42/1992, State v. Fakir Chandra, under sections 302/324/ 323/307 I.P.C. and Sessions Trial No. 20/1992, State v. Fakir Chandra, under section 27, 25/4 Arms Act, acquitting the accused-respondent.

(2.) THE prosecution case, in short, is that accused Fakir Chandra along with his wives Smt. Sheela and Smt. Savita and two children used to live at his residence 12, Race Course Road, Dehradun. On the date of incident in the morning in between 8.30 a.m. and 9.00 a.m. accused Fakir Chandra was doing marpeet with his wives and daughters. On hearing noise Chaman lal Anand (PW-3), who is a neighbour of the accused, gave the information about the incident at Police Chowki Lakhi Bagh. On the information Tejveer Singh, Incharge Inspector, Police Chowki Lakhi Bagh along with police force reached the house of accused Fakir Chandra. Since information with regard to incident was also given to Police Control Room, some police personnel including Constable Vikesh Kumar (PW-12) reached over there. The said police personnel reached the house of accused Fakir Chandra at 9.20 a.m. and surrounded the house of the accused. Meanwhile, a fire was shot in the house of accused Fakir Chandra. At this S.I. Tejbeer Singh along with other police personnel asked the accused to open the door. When the accused did not open the door S.I. Tejbeer Singh knocked the door. In the meantime also accused fired with his double barrel gun from the window of the house and on account of this fire S.I. Tejbeer Singh (PW 14) and Constable Vikesh Kumar (PW 12) sustained injuries. S.I. Tejbeer Singh and Constable Vikesh Kumar were brought to Hospital by jeep of Control Room Police and the F.I.R. of the incident was lodged by Head Constable Mahavir Singh (PW 15). After receiving information of this incident Sri K.K. Gautam, Incharge Inspector Kot-wali, Dehradun (PW 18), S.I. J.P. Juyal (PW 16) and S.I. Y.C. Sharma (PW 13) reached the place of incident. At that time also house of the accused Fakir Chandra was locked from inside. The said police personnel had challenged the accused to open the door of the house and when the accused did not open the door the police had thrown ball of tear gas by breaking the window, due to which there was fume in the house. At the same time, Minakshi Saini, elder daughter of accused Fakir Chandra, came out from the house and she stated that her father killed her both mothers. At the same time, accused. Fakir Chandra also came out from the house having double barrel gun in his hand. The police arrested the accused with gun and on identification of accused himself recovered the Khukhri, by which accused assaulted at his both wives. The dead body of both the wives of accused, Smt. Sheela and Smt. Savita, were also recovered from the house. The two children of accused, who were hidden under the cot, were also came out from the house. The F.I.R. of the incident was lodged by S.I. Y.C. Sharma at P.S. Kotwah, Dehradun, The police made investigation in Case Crime No. 669 under section 307 I.P.C. S.I. K.K. Gautam, S.I. Dheerajpal Singh Malik, S.I. Jagveer Singh and S.I. Rajveer Singh Rawat investigated the matter in Case Crime No. 670 under section 302 I.P.C. After completion of investigation the police submitted separate charge-sheet in both the cases against the accused Fakir Chandra.

(3.) THE prosecution in order to bring home the guilt of the accused examined PW-1 Km. Minakshi, PW-2 Manish, PW-3 Chaman lal Anand, PW-4 Pooran Chand, PW-5 Dr. R.C. Nautiyal, PW-6 Km. Cham, PW-7 Dr. R.P. Goyal, PW-8 Dr. B.C. Ra-mola, PW-9 Laxmi Chandra, PW-10 Kapil Dev, PW-11 Joti Ram, PW-12 Constable Vikesh Kumar, PW-13 S.I. Y.C. Sharma, PW-14 S.I. Tejveer Singh, PW-15 Head Constable Mahavir Singh, PW-16 S.I. J.P. juyal, PW-17 S.I. Satyapal Singh Malik, PW-18 Inspector K.K. Gautam and PW-19 S.I. Rajbeer Singh.