Decided on May 18,2012



U.C. Dhyani, J. - (1.) PRESENT criminal appeals have been filed on behalf of the appellants Kulveer Singh and Satish who have been convicted by learned Ist Additional Session Judge, Rudrapur, Udham Singh Nagar on 30.05.2006 for the offences punishable under Section 302 IPC read with Section 34 IPC and under Section 25 Arms Act. Both the appellants have been awarded imprisonment for life along with a fine of Rs. 25,000/ - in relation to the offence punishable under Section 302 read with Section 34 IPC, and two years' imprisonment along with fine of Rs. 2000/ - for the offence punishable under Section 25 Arms Act. In default of payment of fine, appellants have been further directed to undergo one year's and one month's additional imprisonment in relation to these offences respectively. According to the First Information Report, on 29.08.2003 at 7:15 am, the informant PW 1 Nitin Mehrotra along with his cousin PW 2 Dr. Niket and his uncle Dr. Mahendra Mehrotra (victim) were going to their farm situated in Missrawala. Whereas, Doctor Mahendra Mehrotra (victim) was on his Bajaj Scooter, the informant PW 1 Nitin Mehrotra along with his cousin PW 2 Dr. Niket were riding on one motorcycle. The deceased was moving little ahead of the informant (and Dr. Niket). At about 7:30 am when the victim reached on bridge near Jagjit Singh's house and turned towards his plot, four persons came on two motorcycles and one motorcycle hit the scooter of the victim. As a consequence thereof, he fell down. Before the victim could stand up, other two persons on the second motorcycle namely, Devendra Singh and Kulveer Singh fired upon the victim with country made pistols. Devendra Singh and Kulveer Singh had enmity with victim and his family on account of a land dispute. On alarm being raised by informant PW 1 Nitin Mehrotra, one Rajesh Sharma with other neighbours came on the spot. PW 1 Nitin Mehrotra, PW 2 Niket and other people tried to apprehend the assailants but to no avail, as the assailants ran away towards village Bentwala after firing in the air. PW 1 Nitin Mehrotra and others saw the assailants and could recognize them. Informant and his cousin brought the victim to the Government Hospital, Kashipur, whereupon doctor declared the victim 'brought dead'.
(2.) THE occurrence took place on 29.08.2003 at about 7:30 am and report was lodged at Police Station Kashipur on the same day i.e. 29.08.2003 at about 8:40 am. The distance between the Police Station and the place of occurrence was about 8 kilometers and hence there appeared to be no delay in lodging the First Information Report. After registration of crime, Police investigated upon the case. It may be noted here that two case crime numbers were registered in this respect. One case crime no. 771 of 2003 under Section 302 IPC against Devendra Singh, Kulveer Singh and two others and the other case crime number 775 of 2003 under Section 25 Arms Act against Kulveer Singh and Satish. When the investigation was completed, charge -sheets were submitted against accused appellants Kulveer Singh and Satish also (the other being Devendra Singh, who was absconding). Accordingly, charges were framed against them. Prosecution examined as many as eight witnesses. Statements of the accused under Section 313 Cr.P.C. were taken. Appellants did not adduce any evidence in defence. Although, accused appellant Kulveer Singh desired to adduce evidence in defence but he did not do so despite giving opportunity. The accused persons/appellants were convicted after the trial. Aggrieved against the Judgment and Order of the trial court, present appeals were preferred.
(3.) PW 1 Nitin Mehrotra proved his complaint Ext. Ka -1 on the basis of which chik FIR Ext. Ka -4 was lodged. In his examination -in -chief, he affirmed what was written by him in the First Information Report. We do not feel it necessary to repeat the contents of First Information Report. PW 1 informant Nitin Mehrotra also deposed that a litigation regarding land was pending between the victim and Kulveer Singh /Devendra Singh (Devendra Singh was absconding). Devendra Singh and Kulveer Singh were sons of Pyara Singh (since deceased). Devendra Singh and Kulveer Singh had apprehension that victim Dr. Mahendra Mehrotra will cause them to lose the case (by doing pairvi) and hence they wanted to eliminate Dr. Mahendra Mehrotra. (That was the motive to commit the crime. But the law on the point is that when there is direct evidence of killing, the proof of motive goes into the oblivion). Report of the incident was lodged when the doctors declared his uncle 'brought dead'. Informant PW 1 Nitin Mehrotra also proved his signatures on inquest report exhibit Ka -2.;

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