STATE OF UTTARAKHAND Vs. BRAHM PAL AND TWO OTHERS
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
Brahm Pal And Two Others
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(1.) Present Government Appeal was preferred by State of Uttarakhand against the judgment and order dated 16.06.2006, passed by learned Sessions Judge, Haridwar in sessions trial no. 238 of 1999, whereby accused / respondents Brahm Pal, Ram Pal Singh and Dheer Singh were acquitted of charges of offences punishable under Section 302 IPC.
(2.) The contention of learned Govt. Advocate was that the judgment and order passed by learned Sessions Judge, Haridwar was illegal and contrary to the facts and material evidence available on record. Learned trial court has wrongly disbelieved the prosecution evidence and wrongly acquitted accused / respondents. It was therefore, prayed that the Government Appeal be allowed and impugned order of acquittal of accused / respondents may be set aside. A prayer was also made to convict and sentence the respondents according to law.
(3.) In the instant case, criminal law was set into motion at the instance of informant Dinesh Kumar, who wrote a complaint to the Police Station of Laksar, complaining about the killing of his father by the accused / respondents. Use of firearms in committing the crime was alleged. The incident was said to be seen by informant s cousin Mahendra. The assailants fled away from the spot after committing the crime.;
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