Decided on September 12,2012

Munawwar And Five Others Appellant


- (1.) A complaint was written by Jal Singh s/o Sri Som Singh, r/o Tanda Hasan Garh, within the jurisdiction of PS Rajipur, Haridwar addressed to Station Officer, Bhagwanpur informing that when his brothers Ramswarup and Rajendra, both sons of Durga Singh, residents of village Dhatauli, PS Kotwali Dehat, Saharanpur came to attend the marriage of co-villager Deshraj Singh s sister on 25.02.2001 from Dugadda, District Puari Garhwal in the evening of 24.02.2001, some unknown assailants killed them (Ramswarup and Rajendra) with sharp edged weapons and by strangulation. Their dead body was found in the sugarcane field of Sajid between Khedi Sikohpur and Tada Hasan. The victims used to sell cloths/garments in Pauri Garhwal. Chik FIR (Ext. Ka-6) was lodged on 26.02.2001 at 11:00 p.m. at PS Bhagwanpur, Roorkee on the basis of such complaint. Postmortem on the dead body of victim Ramswarup was conducted on 27.02.2001 at 11:45 am and postmortem on dead body of another victim Rajendra was conducted on the same day at 12:30 p.m. Investigating Officer collected blood stained soil /simple soil and took the statements of the witnesses. Statements of Atar Singh, Jaipal Singh, Ram Lal, Prakash and Ishtekhar were got recorded under Section 164 Cr.P.C. After the investigation, charge-sheet for the offences punishable under Section 302/201 IPC was submitted against the appellants Munawwar, Yaqoob, Naeem, Mobin, Guddu and Nafees.
(2.) When the prosecution case was opened before learned Sessions Judge, charges for the offences punishable under Section 302 IPC read with Section 149 IPC, Section 201 IPC read with Section 149 IPC and Section 147 IPC were framed against the accused persons, to which they pleaded not guilty and claimed trial.
(3.) As many as 13 witnesses, viz, PW 1 Jal Singh, PW 2 Rikhi Ram, PW 3 Atar Singh, PW 4 Jaipal Singh, PW 5 Chhota, PW 6 Mazhar Hasan, PW 7 Dr. R.K. Pande, PW 8 Som Singh, PW 9 Balwant Singh, PW 10 Janeshwar Singh, PW 11 Isam Singh, PW 12 Ram Lal and PW 13 Prakash were produced on behalf of prosecution. Incriminating evidence was put to the appellants. In statements under Section 313 Cr.P.C., they said that the prosecution evidence was false and they were falsely implicated in the case. After hearing appellants as well as the prosecutor, accused persons were convicted of the offences punishable under Sections 302 IPC read with 149 IPC, Section 201 IPC read with Section 149 IPC and Section 147 IPC and were sentenced appropriately. Aggrieved against the said judgment and order dated 15.05.2004, present appeal was preferred.;

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