Decided on December 26,2013

Arun Kumar Kashyap Appellant


- (1.) One Mukesh Kumar wrote a complaint (Ext. Ka-2) to S.O., P.S. Haridwar on 28th October, 2002 regarding the death of Ram Niwas Kashyap. According to the informant, on 27.10.2002 at 4:15 p.m., two people stayed in room No. 4 of Hotel Deep. One of them disclosed his name as Sanjay Nagar, r/o Ghaziabad and the other's name was said to be Ram Niwas Kashyap (deceased). Sanjay Nagar made an endorsement on the register and also put in his signatures. In the intervening night of 27.10.2002/28.10.2002, both the people stayed in Hotel Deep. On 28.10.2002 at 11:00 a.m. Sanjay Nagar left the hotel saying that he will be coming back by the evening. On having suspicion, informant Mukesh Kumar, the then manager along with an employee of Hotel Deep went to room No. 4 only to find out that Ram Niwas Kashyap was dead. Sanjay Nagar killed him and went away from the hotel premises.
(2.) On the basis of said first information report, which was registered as case crime No. 910/2002, under Section 302 IPC in P.S. Kotwali, District Haridwar, the investigation begam. After completion of investigation and on being satisfied with the fact that the caucused-appellant committed the offences punishable under Sections 302, 328 and 201 IPC, Investigating Officer submitted charge-sheet (Ext. Ka-15) against the accused-appellant Arun Kumar in the Court of Magistrate having jurisdiction; Thereafter the case was committed to the Court of Sessions.
(3.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 302 IPC was framed against the accused-appellant, to which he pleaded not guilty and claimed trial. As many as 14 prosecution witnesses, namely, PW 1 Mukesh Kumar, PW 2 Anil Keswani, PW 3 Devendra Kumar, PW 4 Sanjay Naithani, PW 5 Manoj Bahuguna, PW 6 Harendra Pal Singh, PW 7 Satish Kumar, PW 8 S.P. Verma, PW 9 Dr. Rajeev Verma, PW 10 Const. Bal Krishna, PW 11 Inspector Girish Chandra, PW 12 Const. Bhagwati Prasad, PW 13 Markandey Gupta and PW 14 Const. Sanjay Pal Singh were examined on behalf of prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he denied the allegation and said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned trial court convicted accused-appellant Arun Kumar Kashyap for the offence punishable under Section 302 IPC. He was sentenced to undergo imprisonment for life with fine of Rs. 10,000/-, in default of payment of which, he was required to undergo six months' further imprisonment. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred.;

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