PRAMOD AND OTHERS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-1-71
HIGH COURT OF UTTARAKHAND
Decided on January 01,2013

Pramod And Others Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Hardev Singh (PW1) wrote a complaint to Station Officer, Police Station Kankhal, Haridwar, on 23.07.1998 regarding the death of his brother, namely, Jagdish (the victim). According to PW1, on 22.07.1998 at about 10:00 p.m., appellant Chatar Singh called Jagdish (the victim) and took him somewhere. Wife of Jagdish, namely, Manthlesh persuaded Jagdish not to go on the pretext that appellant Chatar Singh was having inimical terms with them, but Jagdish did not pay any heed to her advice and went with appellant Chatar Singh. After some time, Satya Prakash (PW2) and Chandra Bhan (PW3), who were coming from the side of Bengali Hospital, saw that appellant Chatar Singh, his tenant appellant Pramod, appellant Chugha and appellant Bhupendra were beating Jagdish in Dr. Sudhir's plot, where a lamppost was erected. Appellants Chatar Singh and Pramod were catching hold of the legs of Jagdish and appellants Chugha and Bhupendra were dragging Jagdish with the help of a rope, which was tied around the neck of Jagdish. Appellants were saying that today they will teach a lesson to Jagdish. Jagdish was not moving. PW2 and PW3 thought that they were cutting a joke. On the next day morning, when a search was being made, PW2 and PW3 disclosed about the incident to PW1. Thereafter, they went to the place of incident and found that the dead body of Jagdish was lying in the plot of Dr. Sudhir; his tongue was protruded and there were marks of rope on his neck.
(2.) On the basis of the said complaint, lodged by PW1, a case was registered against the appellants for the offence punishable under Section 302 of the Indian Penal Code. The incident took place in the intervening night of 22/23.07.1998 and the report was lodged on 23.07.1998 at 08:30 a.m. The distance between the place of occurrence and the Police Station was about 3 furlongs and, hence, there appeared to be no delay in lodging the First Information Report. After completion of the investigation, a charge-sheet was filed against the appellants for the offence punishable under Section 302 of the Indian Penal Code.
(3.) Hence, trial commenced. Charge for commission of offence punishable under Section 302, read with Section 34, of the Indian Penal Code was framed against the appellants, who pleaded not guilty and claimed to be tried. As many as 10 prosecution witnesses were examined on behalf of the prosecution and, thereafter, incriminating evidence was put to the appellants in statements under Section 313 of the Code of Criminal Procedure. Appellants denied their participation in the incident in question and said that they were falsely implicated in the case. Shivdayal Singh (DW1) and Ramesh Chandra (DW2) were examined in defence. After hearing both the sides, the learned court below, by the judgment and order under appeals, convicted all the appellants, namely, Chatar Singh, Pramod, Chugha and Bhupendra, for the offence punishable under Section 302, read with Section 34, of the Indian Penal Code and sentenced each of them to undergo Life Imprisonment, with fine of Rs. 10,000/- each, and, in default of payment of fine, to undergo further imprisonment for six months. Aggrieved thereby, the present appeals were preferred.;


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