DINESH; VINOD SONS OF MURARI, R/O MOHALLA NIRMALA CHHAWNI NEAR ATMA NIWAS, P S KOTWALI DISTRICT HARIDWAR Vs. STATE

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order of conviction and sentence dated 15-1-1996 passed by Sri V.D. Dubey, I Addl. Sessions Judge, Haridwar, in Sessions Trial No. 154/1995, State Vs. Murari and others convicting the appellants Dinsh and Vinod U/S 302/34 I.P.C. and sentencing both of them to undergo imprisonment for life.

(2.) Brief facts giving rise to this appeal are that Chandra Pal had two sons Rajendra and Naresh (deceased). Naresh was running a tea stall on Bilkeshwar Road near T.B. Hospital. The deceased Naresh had friendship with one Gulshan. The accused persons Murari, Dinesh and Vinod had enmity with Gulshan. According to prosecution story Naresh had sympathy for Gulshan and for this reason the accused persons developed animus towards Naresh also. On 19-12-1994 Naresh and his brother Rajendra were at their tea-stall and their father came there and informed them about the illhealth of their mother due to fever. Chandra Pal after informing the deceased and his brother Rajendra about the illhealth of their mother went away. Naresh and Rajendra after closing the tea stall also followed Chandra Pal. When they reached near the house of Ram Das situated at Nirmala Chawni, accused Murari, Vinod and Dinesh met them. Murari was armed with Danda, Vinod was having a knife in his hand and Dinesh was having a pistol. Seeing Naresh Murari father of other two accused viz. Vinod and Dinesh, asked them Naresh has immense sympathy to Gulshan so he should be finished today. At this Naresh due to fear of the accused entered inside the house of Ram Dass and mother of Ram Dass locked the door from inside. The accused persons also entered inside the house of Ram Dass after breaking open the door and shot fire at Naresh and dragged him from the room upto the road where accused Vinod gave knife blows to Naresh. All the accused persons were standing there. The accused also threatened Rajendra and other witnesses present at the spot to kill them if any one would lodge the report. Thereafter they fled away from the spot. Thereafter Chandra Pal got scribed written report , Ext. Ka.1, from Brij Mohan and lodged it at Police Station. The police on the basis of written report prepared chick F.I.R. Ex.Ka.7 and lodged a case crime No. 1117/1994 U/S 302, 506 I.P.C. against the accused persons.

(3.) The investigation of the case was handed over to S.I. R.K. Sharma. He visited the place of occurrence and carried Naresh to Hospital where he he was declared dead by the doctors. Thereafter the I.O. recorded the statement of Rajendra Singh. On 20-12-1994 he performed inquest on the dead body and prepared inquest report Ext.Ka.2. He also prepared photo laas Ext. Ka.9, challan laas Ext. Ka.10, letter to C.M.O. Ext. Ka.11, letter to R.I. Ext. Ka.12 and sealed the dead body and prepared sample seal Ext. Ka.11 and sent the dead body for post mortem. The I.O. inspected the spot and prepared site-plan Ext. Ka.13. The I.O. also took into possession empty cartridge ( Ext. 12) and sealed it vide memo Ext. Ka.13. He also seized the simple and blood-stained earth from the place of occurrence vide memos Ext. Ka.3 and Ka.4 respectively. The I.O. sent the cloths and blood of the deceased for chemical examination to Agra. The Chemical Examiner Report is Ext. Ka.14. On 23-12-1994 all the accused surrendered in the court. After completion of investigation the I.O. submitted charge sheet Ext.Ka.15 against all the accused persons.