Decided on April 10,2012



- (1.) All these appeals arise out of a judgment and order dated 9.10.2006 passed by the Sessions Judge, Nainital in S.T. No.108 of 2003, State Vs. Pawan Kumar @ Pappu and others, whereby the accused Pawan Kumar @ Pappu, Raj Kumar @ Raju and Nanhe Singh have been convicted under Sections 302/34 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/- and in default, to undergo six months' simple imprisonment. Each of them was further convicted u/s 201 IPC and sentenced to undergo three years' R.I. with fine of Rs.5,000/- and in default, to undergo three months' simple imprisonment. Brief facts of the case are that complainant Sanjay Jaiswal @ Sanju was in Jail having been convicted in a crime under the NDPS Act. He remained in Jail from February 2002 till 28.5.2003. As soon as he was released from jail on 28.5.2003, he reached his house at Haldwani where he found his wife missing. Thereafter, he proceeded to Pilibhit where his mother was residing to enquire about the whereabouts of his wife where he was informed that more than a year back (when the complainant was in jail), his wife had gone to meet Pawan Kumar @ Pappu (elder brother of complainant) in order to get some money. And she never returned! Taking this clue from his mother, the complainant reached the house of Pawan Kumar on 31.5.2003 where he was informed by the wife of Pawan Kumar that almost a year back, i.e. in the month of April 2002, his wife (i.e. Sanju's wife) had come to their house demanding some money from her husband, i.e. Pawan Kumar @ Pappu, and she was murdered by Pawan Kumar along with his associates, Raj Kumar @ Raju and Nanhe Singh. Getting this information, immediately an FIR was lodged on 31.5.2003 itself by complainant Sanjay Jaiswal @ Sanju at P.S. Haldwani, Distt. Nainital under Sections 302/201/307/506 IPC. Thereafter, on the same day, accused Raj Kumar and Nanhe were arrested by the police. At the relevant time, Pawan Kumar was languishing in jail, having been convicted in a crime under the NDPS Act.
(2.) Thereafter on the pointing out of accused Nanhe Singh and Raj Kumar, a human skeleton allegedly of deceased Soni was recovered near railway track in Gola river. The pieces of bones were collected in a bag and sent for chemical examination.
(3.) After that the Police filed chargesheet against all the three accused under Sections 302/201/307/506 IPC. Thereafter the Special Judicial Magistrate, Nainital committed the case for sessions on 15.9.2003.;

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