Advocates:
['APUL MISRA ARVIND VASHISHT', 'G A', 'NARENDRA SINGH', 'RAJENDRA SINGH']

1

IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL

Criminal Appeal No. 1515 of 2001

(Old No. 636 of 1999)

1. Ram Kumar S/o Mamraj

2. Jaibeer @ Pappu S/o Rampal

3. Jitendra @ Jasvir S/o Rampal (since deceased)

4. Satvir S/o Rampal

5. Rampal S/o Mamraj

6. Raj Dev S/o Ram Kumar

All R/o village Akodha khurd

P.S Laksar, District Haridwar

............….Appellants

Versus

State of U.P (now State of Uttarakhand)

…..................Respondent

Shri Arvind Vashisth, Advocate present for the

appellants

Shri S.S.Adhikari, A.G.A, present for the State.

Shri Rajendra Singh, Advocate, present for the

complainant.

Coram: Hon’ble Prafulla C. Pant, J.

Hon'ble Nirmal Yadav, J.

2

Oral: Hon'ble Prafulla C.Pant, J.

This appeal, preferred under section 374 (2) of

Code of Criminal Procedure, 1973, (for short Cr.P.C), is

directed against the judgment and order dated

16.03.1999, passed by Additional Sessions Judge

Roorkee, in Sessions Trial No. 183 of 1997, whereby

said court has convicted the appellants namely

Ramkumar, Jaibeer @ Pappu, Jitendra @ Jasvir under

section 147, 302 read with section 149 of Indian Penal

Code ,1860, (for short I.P.C). Appellants Rampal ,

Rajdev and Satvir have been convicted under section

148 and 302 read with section 149 I.P.C. Each of the

convicts has been sentenced to imprisonment for life

and directed to pay fine of ` 20,000/- under section 302

read with section 149 I.P.C. Accused/appellants

Ramkumar, Jaibeer @ Pappu, Jitendra @ Jasvir have

been sentenced to undergo rigorous imprisonment for a

period of two years under section 147 I.P.C., and

accused/appellants Rampal, Rajdev and Satvir have

been sentenced to undergo rigorous imprisonment of

two years under section 148 I.P.C.

(2)

Heard learned counsel for the parties and perused

the lower court record.

(3)

Prosecution story, in brief, is that on 09.02.1997,

at about 9.10 p.m, Hari Singh Chowkidar of village

3

Akodha Khurd, gave oral information at police station

Laksar, about murder of Hempal at 5 pm by his

brothers Rampal, Ramkumar, Pappu, Jasvir, Satvir and

Rajdev, due to enmity over land dispute. On the basis

of said oral report, F.I.R (Ex – A17) was prepared and

crime no. 19 of 1997, was registered relating to

offences punishable under section 147, 148, 149 and

302 I.P.C.,against the aforesaid accused. The

investigation was taken up by PW3 Sub Inspector

Chandra Shekhar Yadav, who along with PW5 Sub

Inspector Ram Prakash Yadav went to the spot and got

prepared inquest report ( Ex A-21) at about 11.30 p.m .

The Investigating Officer further got prepared police

form no. 13 ( Ex- A22), letter to Chief Medical Officer

( Ex- A19), sketch of the dead body (Ex -A 20), and

sample seal ( Ex- A9). The Investigating Officer got

sent the dead body in a sealed condition for post

mortem examination . PW2 Dr. K.K.Karoli conducted

post mortem examination on the dead body of Hempal

on 10.02.1997 at about 12.20 p.m. He recorded as

many as 13 ante mortem injuries, and opined in the

autopsy report that cause of death was shock and

hamorrhage ,as a result of ante mortem injuries suffered

by the deceased. The Investigating Officer appears to

have interrogated the witnesses and recovered the three

rods used in the crime, and prepared recovery memo

( Ex -A14). On completion of the investigation, the

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Investigating Officer submitted charge sheet (Ex A16)

against all the six accused namely Rampal , Ram

Kumar, Jaibeer @ Pappu , Jitendra @ Jasvir , Satvir and

Rajdev for their trial in respect of offences punishable

under section 147, 148, 149 and 302 I.P.C.

(4)

Additional Civil Judge Senior Division/

Additional Chief Judicial Magistrate, Roorkee, on

receipt of the charge sheet, after giving necess