Decided on October 04,2013

Om Pal and Anr. Appellant


- (1.) Informant Ramanand wrote a complaint (Ext. Ka-1) to Station Officer, police station Manglore (Haridwar) on 12.03.2003, enumerating the facts contained therein that co-villager (accused) Om Pal s/o Ikram borrowed Rs. 30,000/- from Vipin (informant's son) about 20 days ago. Om Pal promised Vipin that he would pay back the money after the marriage. On 11.03.2003, at 03:00 P.M., co-villagers Om Pal s/o Ikram and Ranu s/o Om Pal came to informant's house. They told Vipin to accompany them to their house and settle the accounts. Vipin went with Om Pal and Ranu in presence of informant, Rajeev and Rahul. Vipin did not return that night. On the next day morning, at 7 o'clock, informant, Anuj, Mubarik, Navbahar and Braham Singh went to the house of (accused) Om Pal. Om Pal's wife Sudeshna met them in the house. Blood was found spilled over the floor of Om Pal's house. Blood was being camouflaged by cow-dung by Sudeshna. When the informant alongwith others inquired about the whereabouts of Vipin, Sudeshna reluctantly acknowledged killing of Vipin on 11.03.2003, at 05:00 P.M. She also acknowledged that the dead body of the victim was carried somewhere in a buffalo cart.
(2.) FIR (Ext. Ka-10) was lodged on 12.03.2003, at 09:10 A.M. in police station Manglore, Roorkee, District Haridwar, which was registered as case crime no. 70 of 2003, under Sections 364, 302, 201 of IPC. A separate case crime no. 76 of 2003 was also registered against accused Vishwas alias Lala, as regards the offence punishable under Section 25 of Arms Act. After completion of investigation of both the cases, separate charge sheets were submitted against the accused persons. Charge-sheet (Ext. Ka-16) was submitted against six accused persons, including the appellants, for the selfsame offences. Another charge sheet for the offence punishable under Section 25 of Arms Act was submitted against accused Vishwas alias Lala. Both the cases were committed to the Court of Sessions. When the trial commenced and prosecution opened it's case charges under Section 364 of IPC, Section 302 read with Section 149 of IPC and Section 201 of IPC were framed against all the accused persons, who pleaded not guilty and claimed trial. A separate charge for the offence punishable under Section 25 of Arms Act was framed against accused Vishwas alias Lala, who denied the charge and claimed trial.
(3.) PW1 Ramanand, PW2 Rajeev Kumar, PW3 Mubarik Singh, PW4 Karan Singh, PW5 Harendra Singh, PW6 Ompal Singh s/o Dile Ram, PW7 Navbahar, PW8 Constable Yogendra Singh, PW9 S.I. Resham Singh, PW10 Constable Ram Dhan, PW11 Dr. Shashi Kumar Agnihotri, PW12 Head Constable Om Pal Singh, PW13 S.H.O. B.D. Uniyal and PW14 S.I. C.S. Chauhan were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. It was also stated that the victim was a man of criminal antecedents. No evidence was given in defence. After considering the evidence on record, learned Addl. Sessions Judge, Haridwar, vide judgment and order dated 23.10.2009, convicted accused-appellants Om Pal and Ranu under Section 302 of IPC. Both of them were sentenced to imprisonment for life alongwith a fine of Rs. 10,000/- each. Accused-appellants Om Pal, Ranu, Vishwas alias Lala, Smt. Sudeshna and Satyendra were convicted under Section 201 of IPC and were sentenced to undergo rigorous imprisonment for four years alongwith a fine of Rs. 5,000/- each. Accused-appellants were exonerated of other charges levelled against them. Aggrieved against the impugned judgment and order, two separate criminal appeals were filed by the appellants. Since both the appeals have arisen out of same incident, therefore, they are being decided by this common judgment and order for the sake of brevity.;

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