Decided on June 28,2013

Harwinder @ Sonu And Another Appellant


Servesh Kumar Gupta, J. - (1.) Since both the above-captioned appeals have been preferred against the same judgment and order of conviction, these are being decided by this common judgment and order. Criminal Appeal No. 115/2010 has been jointly preferred by accused convicts Harwinder @ Sonu and Jasveer Kaur against their conviction under Section 302/34, 201/34 IPC in ST No. 13/2005 (Crime No. 193/2004), while connected Criminal Appeal No. 116/2010 has been filed by the accused convict Harwinder @ Sonu against his conviction under Section 177, 181 of the Motor Vehicles Act in ST No. 14/2005.
(2.) Since offences under Motor Vehicles Act were in connection with the crimes under the Indian Penal Code, so both the aforesaid Sessions Trial No. 13/2005 and Sessions Trial No. 14/2005 were 2 clubbed and tried together. These were adjudicated by the impugned judgment and order of conviction dated 6.4.2010, rendered by the Sessions Judge, Pauri Garhwal. Appellants Harwinder @ Sonu and Jasveer Kaur (hereinafter referred to as 'A1' and 'A2' respectively) are real brother and sister. A1 and A2 were convicted for the offences under Section 302/34 and 201/34 IPC and each one of them have been sentenced to undergo life imprisonment for the offence under Section 302/34 IPC and fine of INR 10,000/- each. For the offence under Section 201/34 IPC, each one of them have been sentenced to undergo rigorous imprisonment for a period of three years and fine of INR 1,000/- each. For the offences under Section 177 and 181 of the MV Act, fine of INR 100/- and INR 500/- respectively have been imposed on the accused Harwinder @ Sonu.
(3.) Deceased is Sukphal @ Titu, who was the husband of A2. There was yet another accused, namely, Karan Kapoor, who was chargesheeted along with the appellants, but during trial he met his natural death and, therefore, trial was abated against him. A1 resided in Sahibabad, District Gaziabad, while A2 used to reside along with his husband in Sanjay Gandhi Colony, Ludhiyana. Third accused Karan Kapoor was the neighbour of A2. A1 hired a taxi (Maruti Van) from the transport agency of his friend Vinay Kumar Sharma at Sahihabad on 18.10.2004 and set out for a pleasure trip along with A2, Sukhpal @ Titu and Karan Kapoor to Laxman Jhula, Neelkanth Mahadev, etc. via Haridwar. Nikesh Kumar Tiwari was the driver of the said taxi. On 19th, they came to Laxman Jhula, District Pauri and, 3 therefrom in the evening they set out to Neelkanth Mahadev, a place located at a fair height. During this journey, the deceased Sukhpal @ Titu quarreled with A1 and A2. So, there was a continuous altercation among them. As per the prosecution story, A1 and A2, with the aid and assistance of Karan Kapoor, assaulted Sukhpal @ Titu while returning from Neelkanth Mahadev to Laxman Jhula and after throwing the dead body of Sukhpal from a height, A1 and A2 could also be able to remove Karan Kapoor from the way. He was also pushed from a height making him unconscious.;

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