Decided on August 03,2012

KISHAN Appellant


U.C. Dhyani, J. - (1.) CRIMINAL Law was set into motion at the instance of complainant PW1 Dinesh Chandola s/o Govind Ballabh Chandola, resident of 240/91, Phool Bagh, Pantnagar, District Udham Singh Nagar in the instant case. The complaint (Ext. Ka -1) was written by one Mohan Chandola. Dinesh Chandola (informant) lodged an FIR in Police Outpost Pantnagar, P.S. Rudrapur, stating therein that his brother Pramod Chandola (deceased) left the house on 10.12.2003 at 4:30 p.m. without informing anyone. On 11.12.2003, Manoj and Rajesh came to their house at 5:00 a.m. They told that in the night of 10.12.2003, Pramod Chandola went to see dance (nautanki) in North Block along with Manoj, Rajesh and Vashisth alias Koyala. Vashisth left the programme. During dance programme, there was a scuffle between Rajesh and Sakender. Another scuffle took place between Pramod and Rajendra. After the marpeet, Rajendra and Sakender fled away from there. Thereafter, Pramod and Rajesh made a search for Sakender and Rajendra. When they could not trace Sakender and Rajendra, they (Manoj and Rajesh) went to sleep in the room of Kishan (appellant). At 4:30 in the morning, Rajendra, Sakender and Kishan (accused -appellant) came to the room of Kishan. Room was connected with electricity. They (Rajendra, Sakender and Kishan) inflicted blows of lathi, danda and other sharp edged weapon on Pramod, which resulted into his death on the spot. Manoj and Rajesh escaped. They rushed to the house of Pramod Chandola and informed his brother about the incident Informant PW 1 Dinesh Chandola went to the place of incident along with Manoj and Rajesh. Pramod's dead body was lying on the field of Narayan Biswas. His dead body was dragged from the room of Kishan to this field (by the accused). Impressions of dragging the dead body were there on the floor. Pramod was taken to Pantnagar Hospital but he was declared, 'brought dead'. On the complaint of PW 1 Dinesh Chandola, chik FIR (Ext. Ka -4) was lodged in Police Outpost Pantnagar, P.S. Rudrapur, District Udham Singh Nagar on 11.12.2003 at 6:50 a.m. The distance between the place of occurrence and the Police Outpost was 11/2 Kms. The First Information Report was registered as case crime no. 1500 of 2003 under Section 302/ 34 IPC. It was well within time.
(2.) AFTER completing the investigation, a charge -sheet for the offence punishable under Sections 302/34 IPC was submitted against the, accused/appellant Kishan and two others. Trial began before Sessions Judge, Udham Singh Nagar. Charges against the accused -appellant and two others were framed for the offences punishable under Sections 302/ 34 IPC, to which they pleaded not guilty and claimed trial. As many as 09 witnesses were produced on behalf of the prosecution. Statements of the accused persons were taken under Section 313 Cr.P.C. They said that they have been falsely implicated in the case. No evidence was adduced in defence. After conclusion of the trial, accused/appellant Kishan was convicted of the offence punishable under section 302 IPC in Sessions Trial No. 155 of 2004 on 27.01.2007. Accused -appellant Kishan was awarded rigorous imprisonment for life and was also directed to pay a fine of Rs. 10,000/ -, in default of payment of which he was directed to further undergo six months' imprisonment for the said offence. Aggrieved against the aforesaid conviction and sentence passed by learned Sessions Judge, Rudrapur, District Udham Singh Nagar, accused/appellant preferred present appeal. Co -accused Sakender and Rajendra were exonerated of the charges framed against them by the trial court.
(3.) PW 1 Dinesh Chandola was the informant who filed the complaint (Ext. Ka -1) in Police Outpost, Pantnagar. The same was scribbled by Mohan Chandola and PW 1 Dinesh Chandola put his signatures on the complaint. Informant was also a signatory to inquest report (Ext. Ka -2).;

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