KOMAL SINGH & ANOTHER; SANJU Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-5-158
HIGH COURT OF UTTARAKHAND
Decided on May 22,2013

Komal Singh And Another; Sanju Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Since the above-captioned appeals have been preferred against the same judgment and order of conviction, these are being decided by this common judgment.
(2.) The appellants Komal Singh, Smt. Rajni Devi and Sanju are before us challenging the judgment and order dated 25.9.2009, passed by the Sessions Judge, Tehri Garhwal in Sessions Trial No. 14/2008, holding them guilty of the offences under Section 302/34, 364/120B, 118/34, 201 IPC and have sentenced them appropriately.
(3.) The prosecution theme is that deceased Bijendra Lal, aged about 38 years, was missing from his house since 5.12.2007. When his whereabouts could not be traced for four days, the missing report was lodged by his brother Anil Kumar at the police station. A massive hunt was made and during the course of his search, Anil Kumar came to know about the conspiracy hatched by the accused Komal Singh with his paramour Smt. Rajni Devi, who is wife of the deceased itself. Bijendra Lal was taken away by the accused Komal Singh to his village Purani, District Bijnor, where Bijendra Lal was assaulted by him. After ending his life, the dead body of Bijendra Lal was buried in a dried canal in the vicinity of village Purani. This conspiracy was unearthed when Smr. Rajni Devi was found present at the house of Komal Singh along with her bag. The FIR Ex. Ka-1 was lodged on 17.12.2007 by Anil Kumar. Police came into motion and recovered the dead body at the instance of Komal Singh. Inquest report was prepared on 20.12.2007 and it was noticed that the dead body had considerably decomposed. So, it was not clearly identifiable. His name was engraved on his right arm, but was not clearly legible.;


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