SOMVEER JAT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-54
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 26,2012

Somveer Jat Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) One Arjun Das wrote a complaint (Ext. Ka-2) to S.O., P.S. Jaspur on 30.09.2002 enumerating the facts contained therein, that Baldevraj Arora had a photoshop in Jaspur. On 29.09.2002, at 5:30 p.m., a person claiming himself to be a photographer of Bajpur, came to Baldevraj Arora and requested him to record videography of a party to be held in village Dulhepur. Baldevraj Arora went to record the videography in his scooter No. UP-6593. Baldevraj Arora also took video camera, still camera, battery etc. along with him. On 30.09.2002, the informant came to know that a dead body was lying on a road leading to Surjanpur. When the informant reached there along with his brother, he found the dead body of his son Baldevraj. Scooter, video camera, still camera etc. were also missing. It appeared to him that his (informant's) son was looted and thereafter he was killed. When Baldevraj Arora left his shop, informant's brother Chaudhari Ram and servant Deepak were present, who could recognize the man, who called Baldevraj Arora and took him (Baldevraj) along with him. Chik FIR was registered on the basis of said complaint.
(2.) On the basis of said first information report, which was registered as case crime no. 479/2002, under Sections 302, 394, 411/34 IPC in P.S. Jaspur, District Udharn Singh Nagar, the investigation began.
(3.) On 02.10.2002, on the information received from the police informer, the police party went to the bisection of Daduwala Sanyasi, whereupon accused Ram Gopal was arrested. Video camera, video light, batteries and videocassettes were recovered from his possession. Arjun Das, Chaudhary Ram, Deepak Kumar and Mukesh identified the articles of Baldevraj Arora. They also recognized Ram Gopal and said that he (Ram Gopal) called Baldevraj Arora from his shop. Ram Gopal confessed his guilt and said that Bobby killed Baldevraj Arora by strangulation. Ram Gopal also said that he along with Nirmal Singh (co-accused) helped Bobby in killing Baldevraj Arora, who was beaten up first and then was strangulated with the belt of his (victim's) pant. The arrest of accused Somveer Singh alias Bobby was affected on 10.10.2002. Scooter of the victim was recovered from his possession. Necessary papers were prepared in this regard. Accused-appellant Nirmal Singh was arrested by the police on 13.10.2002 at 6:10 a.m. near Daduwala (P.S. Jaspur). Nirmal Singh confessed his guilt saying that, on the instigation of Ram Gopal, his relative, he along with Somveer (Bobby) and Ram Gopal killed a photographer by strangulating him and threw his dead body in a rice field. A still camera along with flashlight was recovered from Nirmal Singh's possession. Informant Arjun Das identified the camera and said that the same belonged to his son Baldevraj. Nirmal Singh confessed that camera and flashlight were the looted property. PW 8 Inspector I.D. Joshi, investigated into the case, prepared recovery memos, site plans (Ext. Ka-22, Ext. Ka-23 and Ext. Ka-24) and took the statements of the witnesses. After completion of investigation and on being satisfied with the fact that the caucused-per-sons committed the offences punishable under Sections 302, 394, 411/34 IPC, Investigating Officer submitted charge-sheet (Ext. Ka-25) against the accused-appellants Somveer Singh alias Bobby alias Mota, Ram Gopal and Nirmal Singh in the Court of Magistrate having jurisdiction. Thereafter the case was committed to the Court of Sessions.;


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