STATE OF UTTARAKHAND Vs. KRISHNA KUMAR
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) Major V.K.Arul, Officer Commanding 65 GREF, wrote a complaint (Ext. Ka-7) to Station Officer, Pithoragarh on 11 th May, 2002, informing that Hawaldar S.R.Takekar was found dead on the selfsame day at around 2:30 p.m. in burnt condition.
(2.) On the basis of said complaint, which was registered as case crime no. 285 of 2002, the investigation began. The Investigating Officer inspected the place of occurrence, prepared site plan, collected simple soil and blood stained soil, prepared inquest report and sent the dead body for postmortem, recorded statements of witnesses and finally after being satisfied that the crime has been committed by the accused-respondent, submitted a charge-sheet (Ext. Ka-24) against the accused-respondent for the offence punishable under Sections 302 and 201 IPC.
(3.) When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 302 IPC and 201 IPC was framed against the accused-respondent Krishna Kumar, to which he pleaded not guilty and claimed trial. Seven prosecution witnesses, namely, PW 1 Sanjay Upreti, PW 2 K.K.Sen, PW 3 Jile Singh, PW 4 V.K.Arul, PW 5 Rajeev Kumar, PW 6 SI Kunwar Singh Rawat and PW 7 Dr. S.S. Nabiyal were examined on behalf of prosecution. One witness DW 1 Shoban Nath was examined in defence. 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 of the charge levelled against him. Aggrieved against the judgment and order of acquittal of accused-respondent, present Government Appeal was preferred.;
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