ABDUL WAHID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 01.12.2014, passed by learned District and Sessions Judge, Tehri Garhwal in Session Trial No. 54 of 2013, "State of Uttarakhand Vs. Abdul Wahid", whereby the appellant has been convicted under Sections 302 and 394 I.P.C., and has been sentenced to life imprisonment under Section 302 I.P.C., with a fine of Rs.10,000/-, in default of which, the appellant is directed to undergo additional rigorous imprisonment for a period of one year. He has been further sentenced to undergo rigorous imprisonment for a period of five years under Section 394 of I.P.C., with a fine of Rs.5,000/- and in default of payment of fine, appellant is directed to undergo additional rigorous imprisonment for a period of three months.

(2.) Briefly stated, according to the prosecution, an F.I.R. was lodged on 11.09.2013 at 04:30 p.m. at Reporting Police Chauki Kumalda, Police Station Chamba, District Tehri Garhwal by one Wasim Ahmad stating that Harun (the deceased), aged about 40 years was in the business of buying and selling of mules. On 10.09.2013, Harun, accompanied with his 17 year old son Sameer, and his servant namely, Abdul Wahid (the appellant herein), and their 13 mules, proceeded towards the hills in district Tehri Garhwal. On their way to the hills in Tehri Garhwal, before the nightfall, they stopped at a place called "Satyon", which is a village in District Tehri Garhwal. They reached "Satyon" in the evening of 10.09.2013 with their mules, and camped on a construction site. After midnight, at about 1.30 a.m., when all three were fast asleep, they were attacked by some unknown assailants. The first information report further says that Harun was attacked first, by a heavy object. The assault was on his head, due to which he was seriously injured. Thereafter, the assailants attacked his servant Abdul Wahid as well. Hearing the alarm raised by the appellant, the son of the deceased i.e. Sameer woke up and then the assailants fled. When Sameer saw his injured father in an unconscious state, he immediately checked his pockets, where his father had kept Rs.1,60,000/- in the night before going to sleep. The money was missing, which was evidently taken away by the assailants.

(3.) The complainant Wasim Ahmad then states in his FIR that he belongs to the same village as injured Harun, and presently he stays in Dehradun. On 11.09.2013, at 6.00 a.m., in the morning, he was informed about the incident. He immediately reached C.M.I. Hospital, where the injured Harun was hospitalized, and was in a serious condition. At C.M.I. Hospital, Sameer (son of the deceased) informed him about the business transactions that was made prior to the incident. According to which certain business transactions were made by Harun at the place called "Maal Devta", where he had received some amount in cash, then, they went to "Satyon". In the evening, he had transactions with certain persons, who are named in the FIR as Ranveer Singh S/o Bhopal Singh, resident of "Bhutsi", (who had purchased a mule from Harun for Rs. 40,000/-). Rajpal S/o Hari Singh and Lokendra S/o Kaman Singh, both residents of Village "Manj Gaon" and Balbir Singh S/o Bhopal Singh R/o Village "Bhutsi". They had some altercations with Harun, as Harun did not want to sell his mules to them. Apart from this, there was another business transaction made by Harun with a person, namely, Chintamani, who is the resident of Village "Satyon". The complainant says that all these persons may be involved in the incident. According to the F.I.R., the condition of Harun was extremely serious. He was admitted to C.M.I. Hospital and was in I.C.U. He was brought to the hospital in 108 Ambulance from the place of incident.