Decided on October 18,2012



- (1.) One Manoj Kumar Gupta wrote a complaint to Inspector In-Charge, police station Kotwali, Tanakpur, District Champawat, on 01.07.2009, enumerating the facts therein that on 01.07.2009, at 08:45 A.M., his wife Juhi Gupta was informed by a labourer, who was working in the house of their neighbour, that they (victims) were not opening the gate of their house. Informant's uncle Shyam Mohan and aunt Pramila Gupta were residing in the neighbourhood of the informant. Informant's wife entered into the house of victims from the rear door and found that the victims were lying in a pool of blood on the floor of bathroom. Ambulance 108 was pressed into service and victims were taken to District Hospital, Tanakpur, where both of them were declared, 'brought dead'. Informant suspected that somebody entered into the house of victims in the intervening night of 30.06.2009 / 01.07.2009 with the intention of committing theft. While the miscreant was busy in his design, the victims woke up and resisted. In retaliation, the assailant killed the victims. On the basis of said complaint, chik FIR was registered at the police station, Tanakpur on 01.07.2009, at 09-10 A.M. The distance between the place of occurrence and the police station concerned was half kilometer and, therefore, the FIR was lodged at the earliest opportunity. Criminal law was set into motion on the basis of said FIR. After investigation, a charge sheet was filed against the accusedappellant Ram Narayan in relation to the offences punishable under Sections 302, 394 and 411 of IPC. When the trial began, learned Sessions Judge, Champawat framed charges against the accused-appellant Ram Narayan for the offences punishable under Sections 302, 394 and 411 of IPC, to which he pleaded not guilty and claimed trial.
(2.) As many as 14 witnesses viz., PW1 Manoj Kumar Gupta, PW2 Dharmanand, PW3 Sunil Agarwal, PW4 Riaz Ahmad, PW5 Harish Chandra, PW6 Rakesh Gupta, PW7 Constable Laxman Chand, PW8 Mukul Gupta, PW9 Constable Manoj Singh, PW10 Dr. I.A. Khan, PW11 S.I. Jagat Singh, PW12 Atul Gupta, PW13 Inspector InCharge Dinesh Tiwari and PW14 S.H.O. B.C. Sharma were examined on behalf of the prosecution. Incriminating evidence was put to the accused. In the statement recorded under Section 313 of Cr.P.C., the accused-appellant said that he was falsely implicated in the case. He also said that on 28.06.2009 or 29.06.2009, he went to his hometown. He was arrested by the police from his residence. He was innocent. No evidence was, however, adduced in defence.
(3.) After considering the evidence on record, learned Sessions Judge convicted the accused-appellant for the offences punishable under Sections 302, 394 and 411 of IPC and was sentenced appropriately. Aggrieved against the said judgment and order, present criminal appeal was preferred.;

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