Decided on July 07,2013

Prathivi Singh And Another Appellant


- (1.) Present appeal is directed against the judgment and order dated 28.03.2012, passed by Additional Sessions Judge / FTC-7, Dehradun, in Criminal Appeal No. 26 of 2011, whereby appellants were held guilty for the offence punishable under Sections 304, 201 IPC read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay fine of Rs. 2,000/- each and in default, in making payment of fine, to undergo additional imprisonment of 01 month for the offence under Section 304/34 IPC; to undergo rigorous for a period of 02 years each and to pay fine of Rs. 2,000/- each and in default, in making payment of fine, to undergo additional imprisonment of 01 month for the offence under Section 201/34 IPC; with the stipulation that both the sentences shall run concurrently.
(2.) Brief facts of the present case, inter alia, are that PW1 Dinesh Singh Aswal, lodged a report with Police Station Doiwala, District Dehradun, stating therein that at about 11:15 p.m., Km. Meenakshi D/o Prathivi Singh Rawat R/o Missarwala Kala, came to the resident of informant's uncle; while weeping, she told that she was in love with Manish Thapa; she and Manish Thapa were talking each other on the roof of the house of the Meenakshi; meanwhile her father, appellant no.1 and brother, appellant no.2 could see both of them talking with each other; both of them started beating Manish Thapa with piece of brick and patal; she and Manish Thapa could able to run away from the spot; she told the informant that informant should save the life of Manish Thapa otherwise appellants would kill him; hearing this Dinesh Singh Aswal (PW1), Arvind Giri (PW2) and Mukul Thapa (PW4) rushed towards the house of appellants; in the house of appellants, younger son of Prathivi Singh aged about 11 years was found present; PW1, PW2 and PW4 noticed blood stains on the roof of the house of the appellants in the light of the torch; thereafter, in the search of Manish Thapa, PW1, PW2 and PW4 rushed towards the railway lines; while reaching near the railway lines, PW1, Pw2 and PW4 saw that both the appellants were throwing dead body of Manish on the railway track; PW1, PW2 and PW4 thereafter rushed towards the railway track; meanwhile, one train came and crushed the dead body of Manish; however, appellants were able to run towards the south; appellants were chased, however, could not be apprehended; dead body of Manish was laying on the track; appellants after killing Mansih, have thrown his dead body on the railway track; therefore, after registration of FIR, appropriate action be taken.
(3.) On the report of PW1, chik FIR was got registered at Police Station Doiwala, District Dehradun at 02:00 a.m. Investigation was handed over to S.S.I. Yogesh Singh (PW8). After completion of the investigation, charge-sheet was submitted against the appellants for the offence punishable under Section 302, 201 IPC. After committal of the trial to the court of Sessions, learned Sessions Judge was pleased to frame charges against the appellants herein for the offences punishable under Section 302/34 and 201/34 IPC. Appellants denied the charges and claimed trial.;

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