U.C. Dhyani, J. -
(1.) IN the present criminal appeal, criminal law was set into motion at the instance of informant Devendra Kumar s/o late Sohan Lal, resident of Haripur Nawada, falling within the jurisdiction of police station Clement Town, District Dehradun. He lodged a complaint (Ext. Ka -1) enumerating the facts therein that on 29.04.2002 at 06:30 P.M., he proceeded on bicycle for a ride. When he reached Tilwadi diversion, he found that his brother Santosh, brother's friends Paras, Badal, Rajesh and Mukesh, all residents of Nawada came running in front of Mehar Singh's house. They were being chased by Ravindra alias Addu s/o Mahohar, Digambar s/o Padam, Jaipal s/o Phool Chand and Sunil s/o Nand Lal, all residents of Majri Mafi. They were armed with khukhri (dagger), knife and sticks. They were also abusing Santosh and others. Santosh, Badal, Paras, Mukesh and Rajesh were surrounded by the accused/appellants no sooner they reached the field. Accused/appellant Jaipal inflicted a blow of knife on the chest of Santosh with the intention of killing him. Co -accused Sunil was armed with khukhri (dagger). Digambar was having a stick. They alongwith Ravindra alias Addu beat Rajesh, Mukesh, Paras and Badal. When the informant Devendra Kumar along with Om Prakash tried to save the victims, accused/appellants fled away from the place of occurrence. Santosh was bleeding profusely. When he was being taken to hospital, he succumbed to the injuries received by him. The incident took place as a repercussion of altercation which took place between them on 27.04.2002 in the marriage ceremony of one Arjun. Accused/appellants threatened the injured persons with dire consequences. Dead body of Santosh was kept in Asha Nursing Home. On the basis of said complaint, chick FIR (Ext. Ka -9) was lodged by the police on 29.04.2002 at 07:30 P.M. Police registered Case Crime No. 37 of 2002 against accused Ravindra alias Addu, Digambar, Jaipal and Sunil in respect of offences punishable under Section 302, 323 and 504 of IPC. The occurrence took place on the same day i.e. 29.04.2002, at 06:30 P.M. The distance between the place of occurrence and police station concerned was 20 Km. Hence, there appears to be no delay in lodging the FIR. After completing the investigation, the Investigating Officer submitted charge sheet (Ext. Ka -8) against four accused persons in respect of offences punishable under Section 302, 323, 504 of IPC.
(2.) TRIAL began before learned Addl. Sessions Judge. Charges against accused Ravindra alias Addu, Digambar, Jaipal and Sunil were framed relating to offences punishable under Section 302/34, 323/34 and 504/34 of IPC, to which accused persons pleaded not guilty and claimed trial. Prosecution examined as many as ten witnesses, viz., P.W. 1 Devendra Kumar, P.W. 2 Paras, P.W. 3 Manoj Kumar, P.W. 4 Mukesh Thapa, P.W. 5 Rajesh Kala, P.W. 6 Dr. K.B. Joshi, P.W. 7 Om Prakash Thapa, P.W. 8 S.I. Chandan Singh Bisht, P.W. 9 Constable Hira Singh and P.W. 10 Dr. S.S. Tolia. All the evidence was put to accused persons. Statements of the accused/appellants under Section 313 of Cr.P.C. were recorded in which they said the evidence against them was false. They also pleaded that Devendra (brother of deceased) tendered evidence against them because of enmity. No evidence was adduced in defence. After considering the evidence on record, trial court held the accused/appellants Ravindra alias Addu, Jaipal and Sunil guilty for the offences punishable under Section 302 read with Section 34 and one punishable under Section 323 read with Section 34 of IPC. Each one of the convict was sentenced to imprisonment for life in respect of offence punishable under Section 302/34 of IPC and a fine of Rs. 1,000/ -. Each one of the convict was also sentenced to imprisonment for a period of three months in respect of offence punishable under Section 323/34 of IPC. It was directed by the trial court that in default of payment of fine, the convicts shall further undergo three months rigorous imprisonment, Aggrieved by said judgment and order dated 19.11.2003, passed by Addl. Sessions Judge/I F.T.C., Dehradun in Sessions Trial No. 66 of 2002, this appeal was preferred by three convicts namely, Ravindra alias Addu, Jaipal and Sunil. During course of arguments it was noticed by this court that accused/appellant Jaipal was not represented through any counsel. It was considered proper that he too should be heard. An Amicus Curiae was appointed to defend him. Therefore, his case was delinked from the case of other two appellants namely, appellant no. 1 Ravindra alias Addu and appellant no. 3 Sunil. This appeal shall now proceed only in respect of appellants no. 1 and 3. Accused Digambar claimed himself to be a juvenile and submitted before the trial court that his case be sent to Juvenile Justice Board. It appears that his case is still pending disposal.
(3.) INFORMANT P.W. 1 Devendra Kumar in his examination -in -chief said that deceased Santosh was his brother. The incident took place on 29.04.2002 at around 06:00 P.M. When he was going on bicycle towards Jogiwala and as soon as he reached Tilwadi diversion, he saw that his brother Santosh, his friends Paras, Badal, Rajesh and Mukesh were running in front of Mehar Singh's house towards a field situated in the north. They were being chased by Ravindra alias Addu, Digambar, Sunil and Jaipal. Ravindra alias Addu and Digambar were having sticks in their hands. Jaipal was armed with a knife and Sunil was also armed with a deadly weapon (dagger). The assailants were abusing Santosh and others. When Santosh and others reached the field of Pratap, the assailants surrounded them. P.W. 1 Devendra Kumar said that the accused were present before the court on the day his evidence was recorded. Jaipal inflicted a blow of knife on the chest of Santosh with the intention of causing death. Others beat the victim with sticks and fists. They committed assault on Paras, Badal, Mukesh and Rajesh and also beat them with lathis. Om Prakash Thapa and other villagers reached on the spot. When P.W. 1 Devendra Kumar and other villagers reached there the assailants fled away towards Tilwadi. Santosh was bleeding in his chest. The victim was taken to Asha Nursing Home but his life could not be saved. He died on way to Asha Nursing Home. The dead body was kept in said nursing home. P.W. 1 Devendra Kumar informed his brother Manoj on telephone. A complaint was lodged. This witness proved his complaint (Ext. Ka -1). Investigating Officer went to the place of occurrence whereupon the sticks left by some of the assailants were recovered. A recovery memo (Ext. Ka -2) to this effect was prepared. The Investigating Officer collected blood stained soil and simple soil from the spot and prepared a recovery memo (Ext. Ka -3) in respect thereof. Informant P.W. 1 Devendra Kumar identified sticks as material exhibits 1 and 2. He also proved small containers containing simple soil and blood stained soil as material exhibits 3 and 4.;