DABLU SINGH ALIAS DAMPI Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Dablu Singh Alias Dampi
STATE OF UTTARAKHAND
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(1.) This appeal, preferred under section 374 of the Code of Criminal Procedure, 1973 (for short CrPC), is directed against the judgment and order dated 21.10.2011/22.10.2011, passed by the Additional Sessions Judge/FTC, Kashipur, District Udham Singh Nagar in Sessions Trial No. 204/2004 and Sessions Trial No. 204A/2007, whereby the said Court has convicted the accused appellants Dablu Singh alias Dampi and Michel Masih for the offences under Section 302 read with Section 34 IPC and sentenced each one of them to imprisonment for life and directed to pay fine of Rs. 5,000/- each. Accused appellants have been further convicted for the offence punishable under Section 411 IPC and each one of them has been sentenced to undergo rigorous imprisonment for a period of two years on that count.
Accused appellants have also been convicted for the offence punishable under Section 404 IPC and each one of them has been sentenced to undergo rigorous imprisonment for a period of two years and directed to pay fine of Rs. 100/- each.
(2.) Heard learned Counsel for the parties and also perused the lower court record.
(3.) Prosecution story, in brief, is that Rajendra Prasad Agarwal (deceased) used to run a workshop relating to electronic goods in Kashipur, and lived on the first floor of that building. On 15.2.2004 at about 9.40 am, one Jakir telephonically informed PW1 Keshav Chandra Agarwal (brother of the deceased) that Rajendra Prasad Agarwal was not opening the door. On receiving the said information, PW1 Keshav Chandra Agarwal and other relatives went to the spot and broke open the door.
He found that Rajendra Prasad Agarwal was lying in a pool of blood. He (PW1) gave First Information Report (Ex. A-1) at PS Kashipur on the very day (15.2.2004) at about 10.50 am regarding murder of his brother. On the basis of said report, Crime No. 133/2004, relating to offence punishable under Section 302 IPC, was registered against unknown persons. PW4 SSI Suresh Chandra Joshi took up the investigation. A police party reached at the spot, where photographs were taken and after sealing the dead body of the deceased, inquest report (Ex. A-6) was prepared. Police also got prepared sketch of dead body (Ex. A-8), police form no. 13 (Ex. A-9), and letter (Ex. A-7) to the Superintendent of LD Bhatt Hospital, Kashipur requesting for post-mortem examination. Dead body was sent in a sealed condition for autopsy.;
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