KULVEER SINGH; SATISH Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
Kulveer Singh; Satish
STATE OF UTTARANCHAL
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(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.
(2.) 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 .
(3.) 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
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