Decided on December 19,2012

Arun Kalra and Anr. Respondents


Umesh Chandra Dhyani, J. - (1.) PRESENT Government Appeal was preferred by the State of Uttarakhand against the Judgment and Order dated 26.10.2006 passed by learned Sessions Judge, Dehradun in Sessions Trial No. 19 of 2001, whereby accused -respondents Arun Kalra and Smt. Vimmi Sehgal were acquitted of the charge of offences punishable under Sections 302/34 IPC and Section 201 IPC. One Sanjay Sehgal wrote a complaint (Ext. Ka -1) to Inspector, in -charge, Kotwali, Dehradun on 04.06.1999 regarding the death of his brother Indrajeet Sehgal.
(2.) ACCORDING to the informant, his younger brother Indrajeet Sehgal was residing at 167, Dandipur Mohalla, along with his wife and children. His brother's wife Smt. Vimmi Sehgal developed intimacy with one Arun, who was residing in the same locality. Indrajeet Sehgal objected to such relationship. Whenever the family members and other people residing in locality talked to Vimmi Sehgal in this regard, she used to get annoyed. In the night of 03.06.1999, Arun came to meet Vimmi. When Indrajeet came to his house at 12:00 O'clock in the night, he again questioned both of them. Annoyed by the question of Indrajeet Sehgal, Arun and Vimmi strangulated Indrajeet Sehgal. Thereafter, they hanged the dead body of the victim with a rope in order to project that Indrajeet Sehgal has committed suicide. Indrajeet Sehgal was perturbed over the illegitimate relations between his wife Vimmi and Arun. A chik FIR (Ext. Ka -2) was lodged in PS concerned on 04.06.1999 at 7:30 p.m. against Arun and Vimmi Sehgal in respect of offence punishable under Section 302 IPC. Investigation of the case was conducted by P.W. 14, D.C.S. Rawat, Circle Officer, Vikas Nagar, who inspected the place of occurrence, prepared inquest report, took the statements of the witnesses, prepared site plan, affected arrests of accused -respondents. Accused Arun confessed the guilt and offered to show the shirt of the deceased, which was subsequently got recovered on his disclosure and pointing, sent the thumb impressions of the accused -respondents to Forensic Science Laboratory, took the statements of other witnesses and finally submitted charge -sheet (Ext. ka -23) against the accused -respondents. The victim was a kabadi (dealing in scraps). The house, in which the victim was residing, consisted of two floors. The ground floor was being used as store for scraps and the first floor was being used by the victim and his wife as their residence. P.W. 1 Sanjay Sehgal said that in the intervening night of 3/4.06.1999, at about 1:15 a.m., Vimmi Sehgal came to his house and informed him that Indrajeet Sehgal appeared to have committed suicide in godown. P.W. 1 Sanjay Sehgal along with his brother Rocky went to the ground floor of the residence of Indrajeet Sehgal, opened the door, entered into the godown and found that victim was hanging in a rope, which was tied around his neck. The victim was taken to Doon Hospital, where the doctors declared him 'brought dead'.
(3.) ON the information given by PW 1, Police went to the house of deceased, prepared inquest report and sent the dead body for postmortem. A 15 feet long rope connected with a hook was found. Blood stained rope was taken into possession by the police from the place. A bagpiper bottle, two glasses etc. were also taken in their possession by the Police. A button of shirt was also found at the place. P.W. 7 Dr. Prabhakar Bahukhandi conducted the postmortem on the dead body of the victim. The Medical Officer found ligature mark below thyroid. The Medical Officer also found fracture of trachea and thyroid bone. According to P.W. 7, the victim died due to asphyxia as a result of strangulation. He preserved viscera and prepared the postmortem (Ext. Ka -5).;

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