SATISH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) One Pawan Kumar wrote a complaint (Ext. Ka-1) on 07.07.2000 to Station Officer, Police Station, Kankhal, District Haridwar, regarding death of his cousin Vipin. According to the informant his cousin (son of maternal uncle) Vipin was residing with him for the last two years in Balmiki Basti, Kankhal. On 06.07.2000, at 10:30 P.M., Vipin went from his house saying that he will be coming back after sometime. He did not return that night. In the morning of 07.07.2000, a search for Vipin was made, but to no avail. Later on, Vipin's dead body was found lying on the lane (also called chor gali) situated in between the orchards of Vijay Kushwaha and Prem Mistry. Blows of knife were found on the dead body. The knife was also found near the dead body of victim. It was alleged in said complaint that some unknown people killed Vipin during night.
(2.) On the basis of said complaint, chik FIR (Ext. Ka-11) was lodged by the police on 07.07.2000, at 12:40 P.M. A Case Crime No. 88 of 2000 in relation to offence punishable under Section 302 of IPC was registered against unknown people. After interrogating the witnesses and on completion of the investigation, charge sheet (Ext. Ka-13) in connection with offence punishable under Sections 302 of IPC was submitted against the accused persons Satish and Ravindra.
(3.) When the trial began and prosecution opened it's case, charge in relation to same offence was framed against the accused persons, to which they pleaded not guilty and claimed trial. As many as 14 prosecution witnesses were examined on behalf of the prosecution.
They were -PW1 Pawan Kumar, PW2 Tejpal, PW3 Kesho Ram alias Keshu, PW4 Dr. Rajiv Verma, PW5 Nanak Chand, PW6 Ramesh Vishwas, PW7 Ram Darshan, PW8 Dinesh Kumar, PW9 Vikram Chachar, PW10 Constable Jai Prakash, PW11 S.I. Diwan Singh, PW12 S.O. Mandhata Samrat, PW13 Retd. S.I. Jaipal Singh and PW14 Constable Rizwan Ahmad. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that the evidence against them was false.
No evidence was adduced in defence. After considering the evidence on record, learned court below convicted accused persons Satish and Ravindra for the offence punishable under Sections 302 of IPC. Both the convicts were sentenced to imprisonment for life alongwith a fine of Rs. 10,000/- each. Aggrieved against the order of conviction and sentence, present criminal appeals were preferred separately by the convicts from jail.;
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