- (1.) Leave granted.
(2.) Five persons were arrayed as accused in Session Trial No.14 of 2011 on the file of District and Sessions Judge, Tehri Garhwal, for the offences punishable under Section 304 read with 201 IPC.
(3.) The case of the prosecution as culled out from the judgement of the Trial Court was as under: "Prosecution case in brief is that Kirti Singh Rana s/o late Sri Shiv Singh Rana, R/o Village Srikot Patti Kemar, P.S. Ghansali, District Tehri Garhwal submitted a tehrir to Police Station Ghansali against the unknown persons with the allegation that his son Ravindra Singh Rana aged about 22 years had gone from the home on 4.11.2010 at 2.00P.M. stating that he is going to the house of his friend at Thati Budakedar and on 5.11.2010 on the day of Laxmi Pujan he will surely return to the house. On 6.11.2010 at about 12.00 P.M., some people saw a dead body laying left side of Chamiyala-Budakedar Motor Road and when he reached there he identified that the deceased was his son and further requested to lodge his-report and take the legal action against the accused persons. On the basis of said Tehrir, FIR was lodged. On the same day, S.I. Dinesh Singh with other police personnel reached at spot and prepared the inquest report, prepared the sketch of body, letter to CMO, letter to R.I., taken the sample of seal, taken blood stained and plaint earth, prepared memo. 2.The post mortem of the body was conducted on 7.11.2010 at District Hospital Baurari, Tehri Garhwal and as per post mortem report the following injuries were found on the person of the deceased 1-abraded contusion tnt on rt. Side upper part of forehead 4 cm x 3.0 cm-reddish in colour. On dissection, bone. The wound is fracture, on opening the skull monering are congested. Henetema tnt. On outer surface of rt. Surface hemorrhage 2-multiple brasion and contusion tnt. All over the body-reddish in colour. As per post mortem report cause of death is coma d/t A.M. Head injury No.1 caused by blow to hard and blunt object. On 14.11.2010 the ash of the bed sheet was recovered on the pointing out of accused Kripa Lal. Investigating Officer prepared site plan, recorded the statements of witnesses and after arrest of accused submitted charge sheet against them." ;