ATAM @ AATMA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Atam @ Aatma
STATE OF UTTARAKHAND
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(1.) Both the appeals, titled-above, challenge the same judgment and order dated 04.09.2010 rendered by learned Sessions Judge, U.S. Nagar at Rudrapur in S.T. No.19 of 2007, State Vs. Atam @ Atma and another, so are being adjudicated by this common verdict.
(2.) The aforesaid trial resulted into the conviction of the appellants/accused Atam @ Aatma and Kamal for the offences under Section 302/34 and 201 IPC, wherefor they have appropriately been sentenced.
(3.) This is a case of circumstantial evidence where the deceased Balvinder Singh lost his life allegedly at the hands of appellants. It is the case of prosecution that deceased had gone from his house on 20.9.2006 riding on a bicycle. When he did not return for three days, a massive hunt to enquire about his whereabouts was made by his family members including the informant Baldev Singh (deceased s real brother). On 23.9.2006, they came to know through PW2 Ranjeet Singh that deceased was last seen in the company of appellant Atam while loitering in Bazpur city. On being enquired, appellant Atam confessed that he, along with his relative Kamal (co-appellant), has committed the murder of Balvinder Singh and subsequently buried his body in a sugarcane field. With the above-averments, the complainant got the FIR (Ex.Ka-1) scribe by Salvant Singh and thereafter lodged the same on 23.9.2006 at 17:00 hours at reporting outpost Kundeshwari of P.S. Kashipur. Chick report thereof is Ex.Ka.2.;
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