Decided on September 06,2013

Sanju Lal Appellant


- (1.) Present appeal is directed against the judgment and order dated 30.04.2009, passed by learned Sessions Judge, Tehri Garhwal, in Session Trial No. 11 of 2007, whereby appellant was held guilty for the offence punishable under Section 304 Part-II I.P.C. and was sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.10,000/- and in default of making payment of fine to undergo additional rigorous imprisonment for a period of six months.
(2.) Brief facts of the present case, inter alia, are that PW1 Sanjay Singh got registered an F.I.R. on 02.07.2006, inter alia, stating therein that on 02.07.2006, PW1 Sanjay Singh was sitting in his shop at Devleshwar while his father Dev Singh (deceased) left Devleshwar for Chamiyala; we had a vehicle No. 5440 which used to ply between Chamiyala and Nageshwar Saud; Dev Singh has engaged one driver on the vehicle; at about 12:00 in the noon, Bachan Singh resident of Chamiyala came to PW1 Sanjay Singh and told PW1 Sanjay Singh that his father Dev Singh (deceased) sustained injuries and he was taken to hospital at Pilkhi; PW1 Sanjay Singh went to Pilkhi Hospital alongwith fellow villagers; on the way his uncle (elder brother of his father Dev Singh) Bhajan Singh met and told PW1 Sanjay Singh that his father Dev Singh had quarrel with Tripan Singh Rana, member of the Panchayat; Tripan Singh Rana killed his father in the hotel and his body was thrown on the road; when Pw1 Sanjay Singh reached to the hospital, doctor declared his father dead; PW1 Sanjay Singh informant was also told that two more persons were accompanying Tripan Singh Rana, therefore, after registering his report, appropriate action be taken against the culprits.
(3.) Having investigated the matter, chargesheet was submitted against Tripan Singh Rana, his son Sunil Singh as well as against the appellant for the offence punishable under Section 302 I.P.C. read with 34 I.P.C. Accused Sunil Singh was juvenile, therefore, his trial was separated and he was referred to Juvenile Justice Board for inquiry. Learned Trial Court framed charges against the appellant as well as Tripan Singh Rana for the offence punishable under Section 302 read with 34 I.P.C. Both the accused denied the charges and claimed trial. During the trial, co-accused, Tripan Singh expired on 20th July, 2007, therefore, trial stood abated against him.;

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