PRAMOD KUMAR ALIAS BITTU AND OTHERS Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-9-168
HIGH COURT OF UTTARAKHAND
Decided on September 13,2012

Pramod Kumar Alias Bittu And Others Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) In course of trial, appellant No.2 Chandra Shekhar claimed to be a juvenile. The Court below did not accept such contention. While appellant No.2 had filed the present appeal alongwith three other appellants, he has also filed an application seeking this Court to determine, whether he was a juvenile at the time when the incident complained of took place. Before the present application was filed, yet another application was also filed for the selfsame relief. In that application, School Leaving Certificate of the second School of appellant No.2 was relied upon. Realising that, on the strength of the said School Leaving Certificate, in view of the provisions contained in Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules, 2007, he cannot get what he was seeking, leave was prayed for to withdraw the said application with liberty to file a fresh one. The previous application was, accordingly, dismissed as withdrawn with liberty to file a fresh application. Accordingly, a fresh application has been filed in which reliance has been placed on the certificate issued by the School, where appellant No.2 studied from K.G. to Class-V. We felt that, having regard to the fact, that all the appellants are on bail and, at the same time, the criminal appeal is pending since 2004, it would be appropriate on our part to decide the criminal appeal on its merit and if we find that appellant No.2 has not been able to make out any case for interference, then to separate his case and remit his case to the Juvenile Justice Board.
(2.) We, accordingly, heard the appellants.
(3.) In the instant case, Bhopal Singh died of ante-mortem injuries inflicted by eleven incised wounds. The death took place some time in the intervening night of 12 th July, 1999 and 13 th July, 1999. The First Information Report was lodged by Pradeep Singh (PW1), who was nephew of the victim. The First Information Report was lodged on 13 th July, 1999 at 10.00 AM. In the First Information Report, it was stated that Bhopal Singh, his servant Somveer (PW5) and appellants Pramod Kumar, Chandra Shekhar and Ashok slept in the intervening night of 12 th and 13 th July, 1999 in the courtyard of Bhopal Singh. It was stated that in the morning of 13 th July, 1999, he and Rakesh, the father of appellant No.2 Chandra Shekhar, came to the house of the victim and found that appellants Pramod Kumar, Chandra Shekhar and Ashok are not present, Somveer is sleeping and the dead body of the victim is lying inside a gutter covered with stones. According to the First Information Report, the informant gathered from Somveer the presence of appellants Pramod Kumar, Chandra Shekhar and Ashok in the house of the victim in the intervening night of 12 th and 13 th July, 1999. On receipt of the First Information Report, investigation commenced, when the dead body and certain other materials were taken possession of by the Police. It transpired that there was a handful of hairs in the hands of the deceased. In course of investigation, Police came to learn from Shamsher Singh (PW2) on 14 th July, 1999 that around 11.00 PM of 12 th July, 1999 he and Dharam Singh (PW4) saw the appellants, when the appellants allegedly told them that they have done away with the victim. It appears that on 30 th July, 1999, in course of investigation, appellant Nos. 1, 2 and 3, namely, Pramod Kumar, Chandra Shekhar and Ashok were arrested. According to the prosecution, on the joint pointing by appellant Nos. 1, 2 and 3, a small sword, two daggers, three shirts and a pant, all containing blood stains, were seized. The Police, in course of investigation, did not send the handful of hair found in the hands of the victim, as also, the small sword and two daggers alongwith three shirts and a pant, all smeared with blood for examination. The investigation was, thus, completed. On the basis thereof, a charge-sheet was filed and, thereafter, charges were framed against the appellants for offences punishable under Section 302 read with Section 34 and Section 201 of the Indian Penal Code. By the judgment under appeal, appellants have been convicted under the said Sections and have also been appropriately sentenced.;


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