SANDEEP S/O SUSHIL Vs. STATE OF UTTARAKHAND

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 15.07.2006, passed by learned Additional Sessions Judge/II Fast Track Court, Haridwar, in Sessions Trial No. 404 of 2000, whereby accused/appellant Sandeep has been convicted under Sections 302 and 377 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). The convict (appellant) has been sentenced by said court to imprisonment for life and also directed to pay fine of Rs. 10,000/ -, under Section 302 I.P.C., and rigorous imprisonment for a period of ten years and further directed to pay fine of Rs. 10,000/ -, under Section 377 I.P.C..

(2.) HEARD learned Counsel for the parties and perused the record of the case.

(3.) THE I Additional Chief Judicial Magistrate, Haridwar, on receipt of the Charge Sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., appears to have committed the case to the court of Sessions, for trial. Learned Sessions Judge, Haridwar, on 30th November 2000, after hearing the parties, framed charge of offences punishable under Sections 377 and 302 I.P.C. against accused/appellant Sandeep. The accused Sandeep pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Narendra S/o Sant Ram (complainant and father of the deceased); P.W.2 Som, S/o Raja Ram, who has stated that he had last seen accused with deceased; P.W.3 Mange Ram S/o Dhoom Singh, who has stated that he saw the accused in a nervous condition after the incident, P.W.4 Maya Ram S/o Ram Singh, Village Pradhan, who has stated that accused Sandeep was a man of bad character; P.W.5 Rajesh S/o Sant Ram, uncle of the deceased, who has stated that he saw accused Sandeep hitting with stone on the person of a child; P.W.6 Pawan S/o Telu Ram, who has stated that a bicycle was taken by the accused, which was not returned on the day of incident; P.W.7 Karan Singh S/o Surja Ram, who has stated that accused Sandeep made an extra judicial confession to him; P.W.8 Dr. Suresh Kumar Chauhan, who conducted postmortem examination; P.W.9 Constable Yung Bahadur Singh, who prepared Check Report, on the basis of the First Information Report; P.W.10 Sub Inspector Jodh Singh Adhikari, who investigated the crime and P.W.11 Rajendra Kumar, who prepared the Inquest Report. All the oral and documentary evidence was put to the accused, under Section 313 Cr.P.C., in reply to which he alleged the same to be false. In defence on behalf of accused D.W.1 Narendra Kumar S/o Harphool Singh and D.W.2 Pramod Kumar S/o Sewa Ram, were got examined, who have stated that the accused was not a man of bad character and there was enmity of the accused with the complainant.