Sanjeev Kumar Gupta vs State Of U.P.(Now Uttarakhand)

2. The facts pertinent to the case, as unfolded by the prosecution, are that on 24.9.96 at about 10:30 A.M., Vipin Singh Negi, Alok Chandana, Suyesh Kukreti and Rajneesh Chhatwal were standing near the cycle stand, situated within the campus of D.A.V. (P.G.) College, Dehradun and at the same time, accused Dheeraj Kalra along with Rish Kumar, Som Prakash, Saurabh, Nitin @ Vippu, Bhagat and Sanjeev Kumar @ Happy armed with Lathis, Knives and Khukries reached there and asked Vipin Singh Singh Negi and Alok Chandana to withdraw their names from the election of Commerce Faculty of the College. When they refused to withdraw their names from the election, they were assaulted by the accused persons with the help of their respective arms. As a result this assault, Alok Chndana and Vipin Singh Negi received serious injuries. Alok Chandana was immediately taken to Coronation Hospital by some College students but he succumbed to his injuries on the succeeding day. Vipin Singh Negi lodged a written complaint of the incident at the Police Station, Dalanwala. On the strength of his written complaint, a case was registered on the same day at 11:00 A.M. as Case Crime No.275/96 under Sections 147, 148,149, 307, 323 I.P.C., which was later converted under Section 302 I.P.C.

2), Suyesh Kukreti (PW-3), Rajneesh Chatwal (PW-4), Dr. Ajay Sharma (PW-5), Dr. C.M. Tyagi (PW-6), A.S.I. Rajendra Pal (PW- 7), Dr. Bharat Kishore (PW-

6. During cross-examination, the complainant has also stated the fact that he was nervous and due to that he omitted some details. The complainant has lodged the FIR within half an hour on the same day. The eye witness Vipin Singh Negi (PW-1) was also cross-examined at length, on the issue of the identity of the accused persons. He clearly disclosed that he knew accused Som Prakash and Rishi about one year prior to this occurrence and also knew of the location of their residence. The statement of P.W.1 Vipin Singh Negi has been corroborated by Suyesh Kukreti (P.W.3). There was no contradiction in the testimonies of the abovementioned prosecution witnesses and the Sessions Judge relied on them. The prosecution case was further supported by the testimony of Rajeev Negi (P.W.2). The medical examination also fully supported the case of the prosecution. Thus, the Trial Court convicted Dheeraj Kalra, Surabh, Rishi Kumar, Nitin @ Vippu, Som Prakash, Bhagat and Sanjeev @ Happy under Section 302 read with Section 149 of I.P.C. and sentenced them to imprisonment for life and a fine of Rs.10,000/- was imposed on each of them. All the accused persons were also convicted under Section 148 of I.P.C. and sentenced to rigorous imprisonment for two years. However, the sentences were directed to run concurrently.

25. We believe that the following issues have emerged from the arguments put forward by the defense and from the testimonies of the prosecution witnesses. Firstly, the place of occurrence of the incident; Secondly, the inconsistencies in the statements given by the prosecution witnesses in the F.I.R and their statements in Court; Thirdly, the question of unlawful assembly and common object being present.

31. We are of the view that in the present case, even if it is assumed that there was no common object of killing, but only of stopping the deceased and others from contesting the elections, it cannot be ruled out that the common intention to kill might have arisen on the spur of the moment. The actions of the appellants and the injuries inflicted on the body of the deceased also go to substantiate the same. We, therefore, uphold the judgment and order passed by the High Court of Uttarakhand at Nainital, confirming the judgment and order of the Additional Sessions Judge/Special Judge, Anti Corruption, U.P. (East), Dehradun. Accordingly, these appeals are dismissed.

….....….……………………J (Pinaki Chandra Ghose) ….....…..…………………..J (R.K. Agrawal) New Delhi;

May 08, 2015.

Hon'ble Mr. Justice Pinaki Chandra Ghose pronounced the reportable judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice R.K. Agrawal.

The appeals are dismissed in terms of the signed reportable judgment.