SAGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant- Sagar against the judgment and order dtd. 9/5/2013, passed by Additional Sessions Judge, Court No.3, Saharanpur, in Session Trial No.45 of 2012 (State vs. Sagar son of Rajendra) arising out of Case Crime No.347 of 2011 under Sec. 304 IPC, Police Station-Behat, District-Saharanpur, whereby the accused was convicted and awarded sentence under Sec. 304 IPC for life imprisonment and fine of Rs.10,000.00.

(2.) The facts giving rise to this appeal are that on 9/9/2011 complainant-Shyam Singh has given a typed written-report (Ext. ka-03) at the police station stating that on the day of Rakshabandhan on 13/8/2011 at about 10:00 o'clock when his brother Vinod s/o Peerdiyaa alongwith Sagar had gone somwhere from the home, On the way, they were followed by Sumit. When his brother Vinod did not come back home, he searched for him at the relatives and other friends place. On not being found, information was given at the police station on 17/8/2011. On 25/8/2011 at 6:00 p.m. dead body of Vinod was recovered from the canal which is around 3 km from Baraut Police Chowki. On receiving information, the informant and others reached Baraut and identified the dead body of Vinod. His postmortem was conducted in Baghpat itself. Thereafter his funeral was conducted. The complainant was fully assure that Sagar had thrown the dead body in canal after committing murder due to enmity. Pappu s/o Rulha and Aman s/o Ridkaram of his village were the witnesses of the said incident. .

(3.) On the basis of this information, chik report was prepared by registering the C.C. No.347/11, u/s 302 IPC on 9/9/2011 at 21:40 o'clock by C/- clerk Shri Ram Kashyap wherein the time of incident has been recorded on 13/8/2011 at 11:00 a.m. The distance of the place of occurrence from the police station has been shown to be 5 Km. away. Entry of this report was made in report no.46 of the GD at the same time and on the same day. The investigation of the case was handed over to investigating officer R.S. Bhagor. The investigating officer on 9/9/2011 recorded copy of chik, copy of report complainant's statement and Sumit's statement. On 10/9/2011 the statement of the complainant was again recorded. Statements of witnesses namely Pappu and Aman were recorded as per Sec. 161 of Cr.P.C. Site plan and recovery memo of slippers of the deceased were prepared after inspection of the spot. On 15/9/2011, inquest report as well as other documents of the deceased was enclosed with the case diary. The Investigation Officer again recorded the statement of the complainant on 19/9/2011.