Decided on December 11,2012

Pappi @ Jagpal And Another Respondents


- (1.) Present Government Appeal was preferred by the State of Uttaranchal against the Judgment and Order dated 10.11.2006 passed by learned Sessions Judge, Dehradun in Sessions Trial No. 107 of 2004, whereby accused-respondents Pappi alias Jagpal and Gang Bahadur alias Gangu were acquitted of the charges of offences punishable under Sections 302/34 IPC and Sections 201/34 IPC.
(2.) Rohitas (victim) was nephew of PW 1 Ram Rakhu (informant), who lodged the complaint with Station Officer, Police Station Vikas Nagar, Dehradun on 08.03.2004 regarding the death of his nephew. Rohitas disappeared since the evening of 05.03.2004. Ram Rakhu started making a search for the victim. On 06.03.2004, PW 2 Omi Singh lodged a missing report. Rohitas could not be traced. On 08.03.2004, when PW 1 Ram Rakhu was passing through a shop belonging to one Chairman, at Vikas Nagar, he came to know that a dead body was lying at the bank of river Yamuna. On having come to know of the same, he reached at the bank of river Yamuna at around 12:00 noon and found the dead body of Rohitas in a dustbin. PW 1 Ram Rakhu wrote the complaint (Ext. Ka-1) and presented the same to the S.O. of PS Vikas Nagar. Case Crime No. 25 of 2004 under Sections 302/201 IPC was registered against unknown people.
(3.) PW 10 SI Anil Malik took the investigation of the case upon himself, reached the place where the dead body of Rohitas was lying, prepared inquest report, sent the dead body for postmortem, collected blood stained earth/plain earth, recorded the statements of PW 1 Ram Rakhu, PW 2 Omi Singh, PW 3 Smt. Savita, PW 4 Janki, PW 6 Sandeep, PW 7 Sunil Jain, affected arrest of both the accused, recorded their statements, recovered the blood stained knife on the pointing and disclosure of accused Pappi alias Jagpal, sent the articles to FSL and finally submitted charge-sheet (Ext. Ka-16) against the accused persons for the offences punishable under Sections 302/201 IPC. When the trial commenced and the prosecution opened it's case, charges in connection with the offences punishable under Sections 302/34 IPC and Sections 201/34 IPC were framed against Pappi alias Jagpal and Gang Bahadur alias Gangu, to which they pleaded not guilty and claimed trial. As many as 11 prosecution witnesses were examined on behalf of the prosecution. They were - PW1 Ram Rakhu, PW2 Omi Singh, PW3 Smt. Savita,PW 4 Smt. Janki, PW 5 Dr. L.C. Punetha, PW6 Sandeep Kumar, PW 7 Sushil Jain, PW 8 Sandeep Kumar Jain, PW 9 Smt. Satto and PW 11 SI Anil Malik. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, the court below acquitted the accusedrespondents of the charges levelled against them. Aggrieved against the judgment and order dated 10.11.2006, present Government Appeal was preferred by the State of Uttaranchal.;

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