SURAJ SINGH KSHETRI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-12-30
HIGH COURT OF UTTARAKHAND
Decided on December 10,2013

Suraj Singh Kshetri Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Sudhanshu Dhulia, J. - (1.) THIS is a jail appeal arising out of judgment and order dated 30.04.2011 passed by learned Additional Sessions Judge, Rishikesh, Dehradun in Session Trial No. 115 of 2010, State Vs. Suraj Singh Kshetri whereby the accused/appellant has been convicted under Section 302 of I.P.C. and sentenced for life imprisonment.
(2.) BRIEF facts of the case are that a First Information Report was lodged at police Station Raiwala, Dehradun on 01.03.2010 at about 11:45 p.m. by the complainant Ramjeet Rai S/o. Late Shivpujan Ram, a Forest Ranger at Kansro Range, Rajaji National Park, Dehradun, stating that Thakur Singh Saini (deceased), a Forest Guard along with a daily wager forest employee Shri Suraj, and one Shri Gyan Singh Thapa a Chokidar in the Forest Department were on duty at Kansro Forest Range premises on 01.03.2010. A scuffle took place which escalated in a fight between Thakur Singh Saini (deceased) and Suraj Singh Kshetri (accused/appellant). In that fight Suraj Singh Kshetri, in a fit of anger, fired at Thakur Singh Saini with the official gun belonging to the deceased. This incident resulted in the death of the deceased at about 07:00 p.m. Gyan Singh Thapa - Chokidar is the only eye -witness to the incident. With these basic facts, First Information Report was lodged at the aforementioned Police Station. The accused was arrested on 05.03.2010 from a nearby place called "Nepali Farm". Thereafter investigation was completed and charge sheet was submitted on 29.04.2010 against the accused under Section 302 of I.P.C. The matter was committed to Sessions and the learned Additional Sessions Judge on 12.07.2010 framed charges against the accused/appellant under Section 302 of I.P.C.
(3.) THE prosecution in order to establish its case examined as many as seven witnesses. On the other hand, the accused examined himself as D.W. 2 and Dr. Vimlesh Joshi was also produced as D.W. 1. D.W. 1 is the Doctor, who had examined the injuries of the accused, when he was arrested.;


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