ZULFIQAR ALIAS MOTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Appeal has been filed against the judgment dtd. 8/10/2014/9/10/2014, passed by learned District and Sessions Judge, Nainital in Sessions Trial No. 44 of 2011, "State vs. Zulfiqar alias Mota and Another", whereby the appellant - accused has been convicted and sentenced to undergo imprisonment for life along with a fine of Rs.20,000.00 for the offence under Sec. 302 of the Indian Penal Code, 1860 (in short, "IPC"); he has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs.10,000.00 for the offence punishable under Sec. 394 IPC; and, he has been further convicted and sentenced to undergo rigorous imprisonment for a period of two years for the offence under Sec. 411 IPC with default imprisonment. All the sentences have been directed to run concurrently.

(2.) Briefly stated the prosecution case as it emerges from re-appreciation of the evidence on record is that the informant Ashok Kumar Pandey (PW1) had lodged an FIR (Ext. Ka.6) through his written information (Ext. Ka.1) that he and his wife are teachers. This morning his daughter and his son went to school at around 7 a.m. He and his wife also went to school. His mother Smt. Rewati Devi Pandey was at house. When he and his wife came their house at around 1:30 p.m., they saw that the articles inside the house were scattered and his mother's dead body was lying in the kitchen and there was blood. At that time they did not see which item was missing. His mother had a Samsung mobile phone No.9012666540, which was switched off. He thought that the miscreants had taken that mobile phone with them.

(3.) The police received the information about the dead body of the deceased at 13.40 hrs. on 1/9/2010. Sub-Inspector Pan Singh (PW10) reached the spot along with other police personnel. The inquest proceeding was conducted by him.