NISAR @ BATA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Nisar @ Bata
STATE OF UTTARAKHAND
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(1.) Since both the appeals are preferred by same convict/appellant, against the same judgment and order passed by the trial Judge, so the both appeals are being disposed of by this common judgment. These appeals are directed against the judgment and order dated 23.04.2008 rendered by Additional Sessions Judge/1st FTC, Haridwar in Sessions Trial No. 146 of 1997 whereby appellant was convicted for the offences punishable under Section 302/34, 364, 394/34, 201 IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 5000/- and in default, to undergo additional imprisonment of 3-month for the offence punishable under Section 302/34 IPC, to undergo rigorous imprisonment for a period of 10-year and to pay fine of Rs. 5,000/-, in default to undergo additional imprisonment of 3-month for the offence punishable under Section 364 IPC, to undergo 10-year rigorous imprisonment and to pay fine of Rs. 5000/-, in default to undergo 3-month additional imprisonment for the offence punishable under Section 394/34 IPC, to undergo 3-year rigorous imprisonment and to pay fine of Rs. 2,000/- and in default, to undergo one month additional imprisonment for the offence punishable under Section 201 IPC with the direction that all the sentences shall run concurrently.
(2.) As per the prosecution story, PW1 Ganga Ram has lodged a report on 13.01.1997 with police station Pathari to the effect that his uncle Natthu (husband of father's sister) on 08.01.1997 left the house, along with his horse-cart in order to give cart on hire, for Shahpur Bus Stand. When Natthu was taking tea in the shop of Kulwant, son of Baru, one Mukhtiyar, son of Rakkha and his friend (appellant herein), who seems to be resident of District Bijnor from his tongue, approached Natthu, for hiring his horse cart to transport wheat from village Fatwa. Mukhtiyar and his friend had also hired another horse-cart from village Bhogpur, which was driven by son of Zarif Dhobi. After reaching village Fatwa, both of them told the cart owners to go village Anarkhedi since wheat was available there, when both the cart owners refused to go ahead they offered to pay additional Rs. 10/- to each of them, for going to village Anarkhedi. Horse of the cart of son of Zarif Dhobi failed to cross the natural water channel, therefore, he came back, however, Natthu went ahead and did not come back.
(3.) Dead body of Natthu was recovered on 15.01.1997 from the jungle of village Anarkhedi and the same was sent for postmortem examination. As per the postmortem report of Natthu and statement of Dr. O.P. Sharma (PW6), there were ligature marks around the neck of Natthu and cause of death was strangulation.;
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