SURENDRA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-3-181
HIGH COURT OF UTTARAKHAND
Decided on March 20,2013

SURENDRA Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Appellant has preferred the present appeal assailing the judgment and order passed by the II Additional Sessions Judge, Haridwar in Sessions Trial No. 206 of 2000 as well as in Sessions Trial No. 207 of 2000, whereby the appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code as well as for the offence punishable under Section 25 of the Arms Act and the appellant was sentenced to serve life imprisonment and to pay a fine of Rs. 5,000/- for the offence punishable under Section 302 of IPC. In default of payment of fine, appellant was further directed to serve additional sentence of six months' rigorous imprisonment. Appellant was further sentenced to serve three years' rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of payment of fine, he was further directed to serve six months' additional imprisonment for the offence punishable under Section 25 of the Arms Act. Learned trial Court has acquitted other two accused, namely, Lali and Sahipal, of the charge of offence punishable under Section 302 of IPC.
(2.) Brief facts of the present case, inter alia, are that Suresh, son of Chhajju, has lodged a First Information Report on 1.9.1997 with Police Station Laksar, District Haridwar to the effect that few days before, his nephew Anil son of Ruhala had quarrel with appellant Surendra son of Basi, Sahipal son of Jhagdu, Lali son of Baga. Today, informant, his brother Ruhala, nephew Anil came to Laksar from the village; in the Laksar Sabji Mandi, Anil was walking ahead of them; at about 9:30 AM, appellant armed with country-made pistol, Sahipal armed with knife and Lali came out from behind the kiosk; Sahipal and Lali asked Surendra to shoot Anil; thereupon Surendra fired upon Anil from his Tamancha; having received the bullet injury, Anil fell down; Sahipal and Lali asked Surendra to kill informant as well as Ruhala also; having heard the fire, Sallar and other people rushed towards the spot and having seen the people, appellant and other two accused fled from the spot; they took Anil to Laksar Hospital, wherefrom he was referred to Roorkee Hospital and from Roorkee Hospital, he was referred to Meerut Hospital. Therefore, Ruhala along with others took Anil to Meerut Hospital. Having received the report, Police started the investigation. After four days Anil succumbed to his injuries in the Hospital at Meerut. Post mortem was conducted by Dr. N.K. Gupta PW4 at Meerut. Having investigated the matter, Police submitted a charge-sheet against the appellant for the offence punishable under Section 302 / 34 of IPC and another charge-sheet was submitted against the appellant, after having obtained the consent of the learned District Magistrate, for the offence punishable under Section 25 of the Arms Act.
(3.) PW1 Ruhala-father of the deceased, PW2 Ramesh, PW Raj Kumar-scribe of the First Information Report, PW4 Dr. N.K. Gupta, who has conducted the post mortem report, PW5, who is the witness of the recovery memo of the country-made pistol, PW6 Amar Pal Singh- SHO, PW7 Jagat Kumar Singh, PW8 Deepak Malik, PW9 Prem Raj Singh, PW10 S.I. Veer Singh, PW11 S.I. Ram Babu Dixit, PW12 Dr. B.S. Saini, who referred Anil from Roorkee Hospital to 3 Meerut Hospital, PW13 Dr. Ajay Kumar Gupta, were produced in the witness box to prove prosecution story.;


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