Decided on November 23,2012

NAVEEN Appellant


- (1.) One Radhey Shyam wrote a complaint to S.O., Police Station Raipur, District Dehradun on 20.06.2002, regarding the killing of his landlord Satish Gusain. According to the informant, he was the tenant of Satish Gusain (victim) in mohalla Shanti Vihar for the last two months. On 19.06.2002, Radhey Shyam had talks with Satish Gusain at 10:00 p.m. Radhey Shyam slept along with his family in the night. On 20.06.2002 at 01:00 a.m., when Radhey Shyam woke up to relieve himself, he found that his room was 2 bolted from outside. Informant and his wife knocked the door from inside. After sometime, Vaijayanti w/o Satish opened the door. Radhey Shyam slept again after relieving himself. On 20.06.2002, at 06:00 a.m., Satish's younger son woke him up. Radhey Shyam went to Satish's room only to find that he sustained fatal injuries on his body. Other neighbours were also called. Satish was taken to hospital, where he was declared, 'brought dead'. Satish was killed by somebody. On the basis of said FIR, which was registered as case crime no. 80/2002, under Section 302 IPC, in P.S. Raipur, on 20.06.2002 at 07:45 a.m., investigation began. Investigating Officer(s) conducted inquest of the victim, sent his body for the post mortem, collected simple soil / blood stained soil, affected arrest of the accused, recorded confessional statement of Vaijayanti before independent witnesses Radhey Shyam and another, recovered knife on the disclosure and pointing of Naveen, prepared recovery memo, prepared site plan and submitted charge sheet against Vaijayanti and Naveen for the offence punishable under Section 302 / 34 IPC. PW11 SI Vinod Kumar Tyagi and PW12 SI R.S. Aswal were the Investigating Officers in succession.
(2.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 302 / 34 IPC was framed against the accused persons Vaijayanti and Naveen on 19.12.2002, to which they pleaded not guilty and claimed trial. As many as twelve witnesses were examined on behalf of the prosecution. They were PW1 Kripal Singh, PW2 Nandan Singh Rawat, PW3 Radhey Shyam, PW4 Pradeep Gusain, PW5 Trilok Chand Prasad, PW6 Dali Singh, PW7 Roop Chand, PW8 Naveen Gusain, PW9 Jagdish Singh, PW10 Sachidanand, PW11 SI Vinod Kumar Tyagi and PW12 SI R.S. Aswal. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., who said that they were falsely implicated in the case. Vaijayanti said that 3 her son gave the evidence under pressure and she knew nothing about the killing of her husband. Naveen also pleaded ignorance. No evidence was given in defence. After considering the evidence on record, learned trial court convicted Vaijayanti and Naveen for the offence punishable under Section 302 IPC. They were sentenced to imprisonment for life and were also awarded a fine of Rs. 25,000/- each. Out of the amount of fine, PW4 Praveen Gusain and PW8 Naveen Gusain were directed to be paid a sum of Rs. 20,000/- each as compensation. PW4 and PW8 were the sons of victim. Aggrieved against the order of conviction and sentence, present Criminal Appeals were preferred, which are being discussed and disposed of by this common judgment.
(3.) When the post mortem on the dead body of the deceased was conducted by the Medical Officer, he found the following ante mortem injuries on his dead body: 1) Incised wound 3 5 cm below left pinna lateral side 2 cm on neck muscles. 2) Incised wound 4 5 cm muscle deep 2 cm below & lateral to no.(1). 3) Incised wound 3 2 cm muscle deep at upper end of left deltoid. 4) Abrasion 1 5 cm on right knee front. 5) Incised wound 2 cm above 2 1 cm size umbilicus muscle deep, perforation of bowl with hemotoma, spleen also perforated with hemotoma. 6) 4 cm above & lateral to umbilicus 4 1 cm incised wound perforation of bones with hemotoma. 7) Left thigh incised wound 3 1 muscle deep 30 cm below left anterior surface of Spine, 1 cm below lateral anterior incised wound 1 1 cm. 4 8) 8 cm below no.(7) incised wound 2 1 cm muscle deep.;

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