Decided on October 25,2013

Pooran Ram @ Pooran Chandra Appellant


Servesh Kumar Gupta, J. - (1.) BY way of this appeal, the judgment and order dated 31.05.2010/04.06.2010, rendered by learned Sessions Judge, Almora in S.T. No. 6 of 2009 (Crime No. 3/08 of Patwari Outpost Jainti, District Almora) is under challenge, wherein three accused persons, namely, Pooran Ram, Khasti Ram and Smt. Bhagirathi Devi were tried. Learned Sessions Judge culminated the trial holding all the three accused persons guilty for the offences u/s. 302 and 201 IPC, wherefore they were appropriately sentenced. It is pertinent to mention that accused Smt. Bhagirathi Devi and Khasti Ram had preferred a separate criminal appeal No. 132 of 2010 assailing the said judgment. Vide judgment dated 3.7.2013, we have allowed the said appeal by acquitting the accused persons, therein, from the offences under which they were charged. Now, only Pooran Ram @ Pooran Chand is before us in the instant appeal.
(2.) WE have heard learned counsel for the appellant as also learned State counsel nay perused the evidence on record. The theme of incident is that appellant Pooran Ram and co -accused Khasti Ram were the cleaner and driver respectively in Truck -tanker No. UP01 -1805. In this case, Pratap Singh (deceased) was a young man of 33 years of age. On the suspicion that deceased committed theft of either Rs. 18,000/ - or Rs. 89,000/ - from the said truck, he was allegedly killed by the afore -named accused.
(3.) IN this case, PW 1 Narain Ram is the sole eyewitness of the occurrence, whereas PW 2 Laxman Singh (deceased's real brother) is the informant. The case of prosecution is that in the evening of 15.11.2008, appellant Pooran Ram informed Laxman Singh on phone that his brother Pratap Singh had plundered Rs. 18,000/ - from the truck, and he (PW 2) was asked to return the said money, failing which, he was threatened to find his brother dead. Receiving this information, PW 2 rushed to the spot but did not find anyone there. On the next day (16.11.2008), when PW 2 enquired the appellant as regards the whereabouts of his brother, he was told that some compromise had been effected between him (appellant) and Khasti Ram on the one hand and Pratap Singh on the other. Meanwhile, PW 2 noticed the clothes of his brother lying in the vicinity of the incident. PW 2, accordingly, expressed suspicion in the report that his brother Pratap Singh was killed by the appellant and his accomplice Khasti Ram. With the above averments, Laxman Singh (PW 2) lodged the FIR (Ex. Ka. 1) on the same day (16.11.2008) at 11:30 A.M. before the Naib Tehsildar. Chick report thereof is Ex. Ka -3. The revenue police resulted the investigation into submission of chargesheet (Ex. Ka -25) against three accused persons, namely, Puran Ram, Khasti Ram and Smt. Bhagirathi Devi for the offences u/s. 302 and 201 IPC.;

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