MANI RAM AND OTHERS Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
Mani Ram and Others
STATE OF UTTARANCHAL
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(1.) One Amit Kumar lodged a complaint with Station Officer, Police Station Cantt., District Dehradun on 14.11.2002, alleging the facts contained therein that on the selfsame day, when informant's brother Abhay Kumar (Happy) alongwith his friend Rajendra Singh alias Bhura were coming to Yamuna Colony Chowk at 10:15 P.M., some unknown miscreants fired upon them, no sooner they turned to Lakhwar Hostel. The victims were riding on a Bullet motorcycle bearing registration no. URM / 9753. Abhay Kumar alias Happy and Rajendra Singh alias Bhura were killed. On the basis of such complaint, chik FIR was lodged at Police Station Cantt., Dehradun on 14.11.2002, at 10:45 P.M., and case crime no. 166 of 2002 was registered against unknown people relating to offence punishable under Section 302 of IPC.
Investigation began on the basis of said FIR. After completion of investigation, a charge sheet against the accused-appellants Rajesh Goswami and Pramod Pundeer was submitted for the offence punishable under Section 302 of IPC. Two separate charge sheets in respect of offence punishable under Section 25 of Arms Act were also submitted against both the accused-appellants. When the trial commenced and prosecution opened the case, charge for the offence punishable under Section 302 read with Section 34 of IPC was framed against the accusedappellants, to which they pleaded not guilty and claimed trial. Separate charges were framed against the accusedappellants in respect of offence punishable under Section 25 of Arms Act, to which also they pleaded not guilty and claimed to be tried.
(2.) As many as 21 witnesses were examined on behalf of the prosecution. They were-PW1 Kamal Kishore, PW2 Narendra Singh, PW3 Sunil Srivastava, PW4 Sanjay Joshi, PW5 Constable Shiv Kumar, PW6 Amit Kumar, PW7 Bobby, PW8 Vir Das, PW9 Mayank Pandey, PW10 Luxmi Devi, PW11 Brijesh Chandra Sharma, PW12 Smt. Shailja Sharma, PW13 Smt. Maya Devi, PW14 Manoj Giri, PW15 Smt. Alpana, PW16 Alam Khan, PW17 Dr. K.B. Joshi, PW18 S.I. Somprakash Sharma, PW19 Rajesh Chhetri, PW20 S.H.O. Ganesh Bounthiyal and PW21 Constable Mohan Lal. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case and prosecution witnesses were telling a lie. DW1 Dr. Y.S. Thapaliyal was examined in defence.
(3.) After hearing both the sides, accused-appellants were convicted of the offence punishable under Section 302 IPC read with Section 34 of IPC and also under Section 25 of Arms Act. They were sentenced appropriately on both the counts, i.e., under Section 302 / 34 of IPC, as well as under Section 25 of Arms Act. Aggrieved against their conviction and sentence, present criminal appeals were preferred. Since both the appeals were preferred against the same judgment and order of learned trial court, the same are being decided together by a common judgment and order.;
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