Decided on July 20,2012

JAIPAL Appellant


- (1.) In the present criminal appeal, criminal law was set into motion at the instance of informant Devendra Kumar s/o late Sohan Lal, resident of Haripur Nawada, falling within the jurisdiction of police station Clement Town, District Dehradun. He lodged a complaint (Ext. Ka-1) enumerating the facts therein that on 29.04.2002 at 06:30 P.M., he proceeded on bicycle for a ride. When he reached Tilwadi diversion, he found that his brother Santosh, brother's friends Paras, Badal, Rajesh and Mukesh, all residents of Nawada came running in front of Mehar Singh's house. They were being chased by Jaipal s/o Phool Chand, Ravindra alias Addu s/o Mahohar, Digambar s/o Padam and Sunil s/o Nand Lal, all residents of Majri Mafi. They were armed with knife, khukhri (dagger) and sticks. They were also abusing Santosh and others. Santosh, Badal, Paras, Mukesh and Rajesh were surrounded by the accused persons no sooner they reached the field. Accused / appellant Jaipal inflicted a blow of knife on the chest of Santosh with the intention of killing him. Co-accused Sunil was armed with khukhri (dagger). Digambar was having a stick. They alongwith Ravindra alias Addu beat Rajesh, Mukesh, Paras and Badal. When the informant Devendra Kumar along with Om Prakash tried to save the victims, accused persons fled away from the place of occurrence. Santosh was bleeding profusely. When he was being taken to hospital, he succumbed to the injuries received by him. The incident took place as a repercussion of altercation which took place between them on 27.04.2002 in the marriage ceremony of one Arjun. Accused persons threatened the injured persons with dire consequences. Dead body of Santosh was kept in Asha Nursing Home. On the basis of said complaint, chick FIR (Ext. Ka-9) was lodged by the police on 29.04.2002 at 07:30 P.M. Police registered Case Crime No. 37 of 2002 against accused Jaipal, Ravindra alias Addu, Digambar and Sunil in respect of offences punishable under Section 302, 323 and 504 of IPC. The occurrence took place on the same day i.e. 29.04.2002, at 06:30 P.M. The distance between the place of occurrence and police station concerned was 20 Km. Hence, there appears to be no delay in lodging the FIR. After completing the investigation, the Investigating Officer submitted charge sheet (Ext. Ka-8) against four accused persons in respect of offences punishable under Section 302, 323, 504 of IPC.
(2.) Trial began before learned Add1. Sessions Judge. Charges against accused Jaipal, Ravindra alias Addu, Digambar and Sunil were framed relating to offences punishable under Section 302/34, 323/34 and 504/34 of IPC, to which accused persons pleaded not guilty and claimed trial. Prosecution examined as many as ten witnesses, viz., P.W. 1 Devendra Kumar, P.W. 2 Paras, P.W. 3 Manoj Kumar, P.W. 4 Mukesh Thapa, P.W. 5 Rajesh Kala, P.W. 6 Dr. K.B. Joshi, P.W. 7 Om Prakash Thapa, P.W. 8 S.I. Chandan Singh Bisht, P.W. 9 Constable Hira Singh and P.W. 10 Dr. S.S. Tolia. All the evidence was put to accused persons. Statements of the accused/appellants under Section 313 of Cr.P.C. were recorded in which they said the evidence against them was false. They also pleaded that Devendra (brother of deceased) tendered evidence against them because of enmity. No evidence was adduced in defence.
(3.) After considering the evidence on record, trial court held the accused / appellant Jaipal and other accused persons, viz., Ravindra alias Addu and Sunil guilty for the offences punishable under Section 302 read with Section 34 and one punishable under Section 323 read with Section 34 of IPC. Each one of the convict was sentenced to imprisonment for life in respect of offence punishable under Section 302 / 34 of IPC and a fine of Rs. 1,000/-. Each one of the convict was also sentenced to imprisonment for a period of three months in respect of offence punishable under Section 323/34 of IPC. It was directed by the trial court that in default of payment of fine, the convicts shall further undergo three months' rigorous imprisonment. Aggrieved by said judgment and order dated 19.11.2003, passed by Addl. Sessions Judge/I F.T.C., Dehradun in Sessions Trial No. 66 of 2002, appeal was preferred by three convicts namely, Jaipal, Ravindra alias Addu and Sunil. During course of arguments it was noticed by this court that accused/appellant Jaipal was not represented through any counsel. It was considered proper that he too should be heard. An Amicus Curiae was appointed to defend him. Therefore, his case was delinked from the case of other two accused namely, appellant no. 1 Ravindra alias Addu and appellant no. 3 Sunil and their appeals were decided by this court on 28.06.2012. Later on Mr. Lokendra Dobhal, Advocate entered appearance for appellant Jaipal and argued the appeal assisted by Mr. Mritunjay K. Chand, Amicus Curiae on his (appellant Jaipal's) behalf. This appeal shall now proceed only in respect of appellant Jaipal.;

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