Decided on August 05,2013

Kunwar Ram Appellant
State of Uttarakhand and others Respondents


- (1.) Informant Kunwar Ram, Son Of Udai Ram Gave A Complaint (Ext.Ka-1) On 23.02.2006, At 2:00 P.M., Against Accused Persons, Namely, Khilapi Ram, Gundali Ram And Supuli Devi, Which Was Registered As Case Crime No. 01 Of 2006 In Patwari Circle, Bura, Under Sections 302 And 201 Ipc.
(2.) According To The Informant Kunwar Ram, His Father Udai Ram Was Member Of Gram Panchayat. On 21.02.2006, His Father Went To Ghat Along With Supuli Devi, Khilapi Ram And Gundali Ram. They Were Coming Back From Ghat To Their Village. Co-Villager Bhavan Singh Was Also Present With Them. On 22.02.2006, Khilapi Ram Came To Pw 1 Kunwar Ram And Enquired About The Packet Of Matchbox Of His Father (Udai Ram). Pw 1 Said That His Father Did Not Return To His Home. Khilapi Ram Went Away. Pw1 Proceeded To Make A Search For His Father. He Found That The Dead Body Of His Father Was Lying In A Field In Pani Mangera Tok. Pw1 Had The Apprehension That His Father Was Killed By Gundali Ram And Khilapi Ram.
(3.) After The Investigation, A Charge-Sheet For The Offences Punishable Under Sections 302 And 201 Ipc Was Submitted Against The Accused Persons Excluding Supuli Devi. The Case Was Committed To The Court Of Sessions. When The Trial Began And Prosecution Opened It's Case, Charges For The Selfsame Offences Were Framed Against The Accused Persons, To Which They Pleaded Not Guilty And Claimed Trial. Pw 1 Kunwar Ram, Pw 2 Rukma Devi, Pw 3 Kedar Singh, Pw 4 Gopal Ram, Pw 5 Bhavan Singh, Pw 6 Chandan Singh And Pw 7 Bura Were Examined On Behalf Of The Prosecution. 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. Accused Persons Also Said That They Were Present In The Court Of Cjm On That Day. They Had No Enmity With The Deceased. They Did Not Know As To Why The Case Was Registered Against Them Dw 1 Kunwar Ram S/O Saujia Ram Was Examined In Defence. The Certified Copy Of The Order-Sheet Dated 21.02.2006 Passed In Criminal Case No. 1369 Of 2002, Madni Ram Vs. Gauna Ram Was Presented In Defence. After Considering The Evidence On Record, Learned Sessions Judge, Chamoli (Gopeshwar) Acquitted Khilapi Ram And Gundali Ram Of The Charges Levelled Against Them, Vide Judgment And Order Dated 18.09.2007. Aggrieved Against The Impugned Judgment And Order Dated 18.09.2007, Present Criminal Revision Was Preferred By The Complainant/Revisionist Kunwar Ram S/O Late Udai Ram.;

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