STATE OF UTTARANCHAL Vs. BHAJAN LAL AND OTHERS
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
Bhajan Lal And Others
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(1.) A first information report was lodged by Chhavi Lal, on 06.05.1999, in PS Kirti Nagar against Bhajan Lal (husband), Smt. Chandra Devi (mother-in-law), Saula Mistri ( father-in-law), Bachan Lal and Suresh (brothers-inlaw) of the victim Sarojini Devi, in respect of offences punishable under Sections 498-A and 304-B IPC. Informant Chhavi Lal was the father of the victim (deceased).
(2.) After the investigation, a charge sheet against all the accused persons was filed for the selfsame offences. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges in respect of offences under Sections 498-A and 304-B IPC were framed against the accused persons, to which they pleaded not guilty and claimed trial. Eight witnesses, namely, PW 1 Smt. Laxmi Devi, PW 2 Chhavi Lal, PW 3 Dr. Shishir Kunwar, PW 4 Shambhu, PW 5 Anis Ahmad, Pw 6 Bhagati Mistry, PW 7 K.C.Balodi, PW head constable Chandra mohan 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.
(3.) It was admitted that Bhajan Lal was married to Sarojini Devi in the year 1995, but rest of the allegations were denied by the accused persons. They said that they were falsely implicated in the case. DW 1 Indra Lal was examined in defence. After considering the evidence on record, the Sessions Judge, Tehri Garhwal acquitted the accused persons of the charges levelled against them. Aggrieved against the impugned order dated 26.04.2001, present Government Appeal was preferred by the State.;
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