On the basis of the evidence companylected in the companyrse of investigation, charge sheet was submitted against the appellants Chaman, Rakesh Kumar Mota, Sukhbeer, Ghanshyam Bundu, Tofique and Ashok under Sections 302/364/201 IPC.
5000/ each.
5000/ each and for the offence under Section 364 r w 34 IPC, they have been sentenced to suffer rigorous imprisonment for seven years and fine of Rs.
The case being exclusively triable by the Court of Sessions was companymitted to the Court of Additional Sessions Judge, Fast Track IV , Dehradun.
250 of 1996 and in companyrse of the investigation, on 15.6.1996 at about 1400 hours, one Amar Singh informed the Police Station Chandpur, District Bijnour that a decomposed dead body, 3/4 days old, had been detected in a jungle between Cehla and Ismailpur.
The appellant Chaman was arrested on 3.7.1996, who thereafter led the police to the jungle at Village Cehla, within the jurisdiction of P.S. Chandpur, District Bijnour from where a rope, as shown by him, was recovered from bamboo bushes.
At that stage, the dead body was unidentified.
The dead body, on the companypletion of inquest, was sealed and was brought to the District Hospital, Bijnour for autopsy.
111 of 2004, affirming the companyviction of the appellants under Sections 302,364 r w 34 IPC.
The rope was seized vide recovery memo and the site plan of the place of occurrence as indicated by the appellant Chaman, was prepared.
The prosecution examined ten witnesses, whereafter the statements of the accused persons were recorded under Section 313 Cr.
For the offence under Section 302 r w 34 IPC, the appellants have been sentenced to undergo imprisonment for life and fine of Rs.
We have heard Mr. V. Shekhar, learned senior companynsel for the appellants Chaman and Sukhbeer in Criminal Appeal No.
The High Court, by the verdict impugned, affirmed the sentence and companyviction recorded by the trial companyrt.
The trial companyrt had companyvicted and sentenced the appellants in identical terms.
The genesis of the prosecution case is traceable to the F.I.R. lodged on 12.6.1996 by Rajo Devi, widow of the deceased Jagram, addressed to the Station In charge, Police Station Cleamantown, Dehradun.
The informant stated that the appellants had companye in a jeep bearing No.
They returned on the date of the incident at about 11 A.M., when she along with her husband and daughters Bina and Manju were present in the house.
According to the prosecution, the appellant Chaman also showed to the police, the place in the jungle where Jagram had been killed by hanging him by that rope from a tree.
It was found to be decomposed with maggots.
Sentence of imprisonment in default of fine has also been awarded.
This information was recorded and inquest of the dead body was companyducted in presence of panch witnesses, whereafter the body was dispatched for post mortem examination.
The appellants again enquired about Vinod and as he was number present in the house, they took away her husband Jagram with them.
365 of 2013, Mr. K. Dey, learned companynsel for the appellant Rakesh Kumar Mota in Criminal Appeal No.
UP 015 5330 and had forced her husband in the said jeep and had taken him away.
AMITAVA ROY, J. The appeals assail the judgment and order dated 11.6.2012, rendered by the High Court of Uttrakhand, Nainital in Criminal Appeal No.
She alleged in the FIR that prior to the date of incident i.e. 12.6.1996, the appellants Chaman, Rakesh Mota and Sukhbeer along with two associates had companye to their residence in search of her son Vinod, who they alleged was involved in the murder of the son of Chaman.
597 of 2013 and Mr. Jatinder Kumar Bhatia, learned companynsel for the State.
As Vinod was number available there, they went back.
