RAJ KUMAR @ RAJNU Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-10-35
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on October 09,2013

Raj Kumar @ Rajnu Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Pw2 Yatendra Singh, father of the deceased, wrote a complaint (Ex.Ka-1) on 01.10.2004 to Patti Patwari, Patti Badalpur Talla, Sindrikhal, District Pauri Garhwal, which was registered as Case Crime No.7/2004 on 01.10.2004 at 9:30 AM under Sections 302/201 IPC against accused-appellant Raj Kumar @ Rajnu. The incident took place on 30.09.2004 at 4:00 PM. A chick FIR (Ex.Ka-5) was lodged on 01.10.2004 at 9:30 AM. The distance between the place of incident and the office of Patti Patwari, Patti Badalpur Talla was 10 kilometers and hence, there appears to be no delay in setting the criminal law into motion.
(2.) After investigation of the case, a charge-sheet (Ex.Ka-10) was submitted against accused-appellant Raj Kumar @ Rajnu for the offences punishable under Sections 302/201 IPC. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, charges for the offences punishable under Sections 302/201 IPC were framed against the accused-appellant, to which he pleaded not guilty and claimed trial.
(3.) Pw1 Km. Jyoti, PW2 Yatendra Singh, PW3 Smt. Shaila Rawat (Pradhan), PW4 Sultan Singh Rawat, PW5 Dr. Indra Singh Samant and PW6 Anil Negi (Patwari) were examined on behalf of the prosecution. Incriminating evidence was put to the accused-appellant under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case, in as much as, the informant wanted to grab the landed property of his (appellant's) father. No evidence was given in defence.;


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