SATISH SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is filed against the judgment and order dtd. 26/8/2010, passed by Additional Sessions Judge, Court No.10, Ghaziabad in connected Sessions Trial Nos.440 of 2000; 440A of 2000; and 699 of 2000. Sessions Trial Nos.440 of 2000 and 440A of 2000 arise from case Crime No.778 of 1999, police station Kavinagar, district Ghaziabad, whereas Sessions Trial No.699 of 2000 arises from Case Crime No.1 of 2000. In Sessions Trial No. 440 of 2000 appellant Satish Sharma has been convicted under Sec. 302/34 IPC whereas in Sessions Trial No.440-A of 2000, the appellant no.2 Naresh Sharma has been convicted under sec. 302/34 IPC and both have been sentenced to imprisonment for life with fine of Rs.5,000.00 each and a default sentence of six months imprisonment. In Sessions Trial No.699 of 2000, appellant Naresh Sharma has been convicted under Sec. 25 of the Arms Act and sentenced to two years R.I. with fine of Rs.1,000.00 and a default sentence of two months imprisonment. Both sentences awarded to appellant Naresh Sharma were to run concurrently.

(2.) On a written report (not exhibited) submitted by one Nijakat (not examined), on 31/12/1999, G.D. Entry, vide report no.19 (Exb. Ka-2), and a Chik FIR (Exb. Ka-1) was made by PW-5 at 11.35 hours, giving rise to Case Crime No.778 of 1999 at P.S. Kavinagar, district Ghaziabad. In the first information report (FIR), it was alleged that in the evening of 30/12/1999 the accused- appellant Naresh Kumar Sharma and his brother Satish Sharma brought their help Jaiveer, took him to the upper storey of their house, assaulted him and, thereafter, brought him on their shoulder to the ground floor and locked him in their shop. It is alleged that the informant heard Jaiveer crying and in the morning, informant came to know that Jaiveer is dead. The FIR alleges that the entire incident had been witnessed by persons in the neighbourhood including Rickshaw pullers. Pursuant to the FIR, inquest was completed by 2.15 p.m. on 31/12/1999 at shop no.1452, ward no.12, Lal Kuan, police station Kavinagar, district Ghaziabad of which the witnesses were Mukesh Kumar (PW-1), Kunwar Pal, Radhey Shyam, Buddha Pal Yadav and Bharat Singh. The inquest report (Exb. Ka-10) prepared by PW-9 describes the body position as follows :

(3.) The body was thereafter sent for autopsy. The autopsy report (Exb. Ka-3), dtd. 1/1/2000, prepared by PW-6 reveals that the autopsy was completed at 4.30 pm on 1/1/2000. The body was described as of Jaiveer son of unknown and it was shown to be brought by CP 2324 Mahesh Chand and CP 684 Rakesh Kumar of police station Kavinagar. The external examination of the body revealed presence of rigor mortis all over body; eyes closed. The ante-mortem injuries noticed were as follows: (1) abraded contusion on the whole of the right arm, elbow and forearm; (2) abraded contusion multiple on the whole of the back; (3) lacerated wound size 1 cm x 2 cm on the lower third of the right leg; (4) multiple abraded contusion on the whole of the leg, left side; and (5) lacerated wound size 3 cm x 2 cm on the right side of the head. The internal examination of body of the deceased revealed fracture of parietal bone of the skull plus laceration. Stomach contents were empty and no other abnormality was noticed. According to the Doctor, the death was about a day before caused by coma due to head injury relating to ante-mortem injuries.