STATE OF UTTARAKHAND Vs. SHIV SINGH
LAWS(UTN)-2012-12-150
HIGH COURT OF UTTARAKHAND
Decided on December 20,2012

STATE OF UTTARAKHAND Appellant
VERSUS
SHIV SINGH Respondents

JUDGEMENT

- (1.) One Shiv Singh wrote a complaint (Ext. Ka-1) to Patwari Thati Badma on 13.02.2005, enumerating the facts contained therein that on 12.02.2005, at 5:00 p.m., informant's daughter Geeta Devi came with her husband Anand Singh to her matrimonial home. Everybody took meals together. Anand Singh and Geeta Devi slept in another house of the informant. When they did not wake up till 8:00 p.m. on the next day, informant pushed the door and called them. On failing to get any response from inside, informant called the villagers, who broke opened the window and found that the couple was dead. As has been mentioned above, the couple was the daughter and son-in-law of informant Shiv Singh.
(2.) On the basis of said first information report, which was registered as case crime no. 01/2005, under Section 302 IPC in Patti Syur Bangar, investigation began. Investigating Officer took the statements of informant and other witnesses, conducted inquest, sent the dead bodies for postmortem, inspected the place of occurrence and prepared site plan. He also sent the articles to the Forensic Science Laboratory for examination. After completing the investigation, and on being satisfied that it was the informant himself who committed the offence, submitted a charge sheet against the accused-respondent Shiv Singh for the offence punishable under Section 302 IPC.
(3.) When the trial began and prosecution opened it's case, charge for the offence punishable under Sections 302 IPC was framed against the accused Shiv Singh, to which he pleaded not guilty and claimed trial. Eight prosecution witnesses, namely, PW1 Devendra Singh, PW 2 Jasmati Devi, PW 3 Dev Chand, PW 4 Yudhveer Singh, PW 5 Smt. Murwari Devi, PW 6 J.P.S.Bisht, PW 7 L.P.Maithani and PW 8 Dr. Jamshed Ali were examined on behalf of prosecution. PW 6 J.P.S. Bisht was also examined on behalf of the defence as DW 1. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he denied the allegations and said that he was falsely implicated in the case. After considering the evidence on record, learned trial court acquitted accused-respondent Shiv Singh of the charge levelled against him for the offence punishable under Section 302 IPC. Aggrieved against the judgment and order of acquittal of the accused-respondent Shiv Singh, present Government Appeal was preferred.;


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