SHIV DAYAL Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) A complaint was written by Munni Devi, wife of Ahmad, resident of Kichha in Police Station Kichha (Udham Singh Nagar) regarding rape and killing of her daughter Noorjehan alias Lakho on 05.04.2004 by accused-appellant Shiv Dayal. The same was registered on 05.04.2004 at 5:25 p.m. The occurrence took place on the same day, sometimes between 8:00 a.m. to 11 a.m. The distance between the place of occurrence and Police Station was five kilometers and hence, there appeared to be no delay in lodging the First Information Report.
(2.) On the basis of First Information Report, investigation of the case was conducted. A charge-sheet in relation to the offences punishable under sections 302/201/376 IPC was filed against the accused-appellant. When the trial commenced, charges in relation to offences punishable under Sections 376, 302 and 201 IPC were framed against the accusedappellant, to which he pleaded not guilty and claimed trial.
(3.) Prosecution examined as many as 10 witnesses namely, PW 1 Munni, PW 2 Mallo, PW 3 Sattar, PW 4 Constable Munish Chandra Sharma , PW 5 Zakir Husain, PW 6 Dr. Udai Shankar, PW 7 Bangla @ Pramod, PW 9 SI Ummed Singh Danu and PW 10 SI Brijesh Kumar Tyagi. Incriminating evidence was put to the accused under Section 313 Cr.P.C. Accused said that prosecution witnesses have told a lie and he has been falsely implicated in the case. After hearing both the sides, learned trial court convicted the accused-appelant for the offences punishable under Sections 302, 376 and 201 IPC and was sentenced appropriately. Aggrieved against the said judgment and order dated 06.12.2006, present criminal jail appeal was preferred.;
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