Decided on October 09,2013

Sunil Rathi and Ors. Appellant


Servesh Kumar Gupta, J. - (1.) THE appellants Sunil Rathi, Manga Tyagi, Praveen Balmiki and Nafees have challenged the judgment and order of conviction dated 4.3.2013 rendered by learned 1st Additional Sessions Judge, Haridwar in Sessions Trial No. 162/10, State v. Sunil Rathi & 5 Others, wherein all the aforenamed appellants were convicted for the offence of Section 302/120B IPC. They were appropriately sentenced. Rest of the two accused persons Sachin and Mohit were acquitted from all the charges levelled against them. The said impugned judgment also pertains to the Sessions Trial No. 163/2010, wherein appellant Manga Tyagi was convicted for the offence of Section 25 Arms Act and has been appropriately sentenced. All the appellants are in jail. Since challenge in both the above -captioned appeals is to the same judgment and order of conviction, these being decided together.
(2.) THE FIR Ex. Ka -1 was lodged by Pankaj Jindal, the real brother of deceased Naveen Jindal, within four hours of the incident. The brothers duo were running there separate shops as a means of livelihood. Both used to reside at 160/3 Salonipuram, Roorkee. Naveen Jindal along with his wife resided in the ground floor of the said building, while his brother Pankaj Jindal along with his family dwelt on the first floor of that house. As per the FIR, Pankaj Jindal was present in his house at 8.30 PM on the fateful night of 8/9.12.2009. No sooner his younger brother Naveen Jindal, riding on his motorcycle, arrived at the gate of his house from his shop, the unknown assailants made him prey of indiscriminate firing. Resultantly, he died at the spot. All the assailants were on the motorcycle. Pankaj Jindal immediately took his seriously injured brother to the hospital, where he was declared brought dead. The chick report of the incident is Ex. Ka -2. The inquest report Ex. Ka -6 was prepared on the next day i.e. on 9.12.2009 in the morning. The same was done in the Government Hospital, Roorkee. It started at 7.45 AM and continued till 10.05 AM. In the opinion of the witnesses, the death had been caused on account of the firearm injuries, nonetheless the post -mortem was recommended. So, the autopsy was conducted in the Government Hospital, Roorkee on 9.12.2009 at 11.10 AM by Dr. Ajay Mohan. The post -mortem report is Ex. Ka -12. This report divulges the following injuries on the body of the victim: 1. Lacerated wound, oval, 1.75 x 1.25 cm, thin rim of blackening around the wound, left suprascapular area, 10 cm inferomedial to left top of shoulder, margins inverted. 2. Lacerated wound, 1.5 x 1.5 cm, round, thin rim of blackening around the wound, left scapular area, 9 cm above inferior angle of scapula, margins inverted. Lacerated wound, 1.75 x 1.25 cm, oval with thin rim of blackening around the wound, right side back of chest, interscapular area, 2 cm lateral to spine and 5 cm below the nape of neck, margins inverted.
(3.) LACERATED wound, 0.75 x 0.75 cm, round, anterior aspect of left elbow joint with rim of blackening around the wound, margins inverted.;

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