Decided on January 02,2013

Shoorbeer Lal Respondents


- (1.) Criminal law was set into motion at the instance of Sitabu Lal. The first information report of the complainant Sitabu Lal was lodged regarding the offences punishable under Sections 302/201 IPC. Case Crime No. 487 of 2005 was registered in PS Shrinagar on 19.06.2005 at 7:30 p.m. Upon the investigation of the case, a charge-sheet against Shoorbeer Lal was filed as regards offence punishable under Sections 302/201 IPC in the Court of Magistrate having jurisdiction. Case was then committed to the Court of Sessions.
(2.) When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 302 and 201 IPC were framed against the accused-respondent, to which he pleaded not guilty and claimed trial. 09 prosecution witnesses, namely, PW 1 Brij Lal, PW 2 Sitabu Lal, PW 3 Guddi Devi, PW 4 Hariom R. Chauhan, PW 5 Sohan Lal @ Sonu, PW 6 Sanjay, PW 7 Dr. T.P.Dimri, PW 8 Bhaskar L. Shah and PW 9 Madan S. Bisht were examined on behalf of prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he denied the allegations and said that he was falsely implicated in the case. After considering the evidence on record, learned trial court acquitted accused-respondent of the charge levelled against him for the offences punishable under Sections 302 and 201 IPC. Aggrieved against the judgment and order of acquittal of the accused-respondent, present Government Appeal was preferred.
(3.) PW 1 Brij Lal son of Sitabu Lal, in his examinationin-chief, said that his sister Vijaya Devi was married to Shoorbeer Lal about seven years ago. Two children were begotten by Vijaya Devi. Shoorbeer Lal was having illicit relations with his bhabi (sister-in-law) Beena. Therefore, Shoorbeer Lal ignored Vijaya Devi. Shoorbeer Lal used to threaten Vijaya Devi of dire consequences if she dared to disclose his relations with Beena Devi. On 9 th May, 2005, the marriage of younger brother of PW 1 took place. Vijaya Devi also attended that marriage. She disclosed the fact of Shoorbeer Lal's illicit relations with Beena to Guddi Devi, PW 1's sister. On 19.06.2005, at 4:00 a.m., a person came from Vijaya's matrimonial village and informed PW 1 that Vijaya was not there in her matrimonial home. A missing report was lodged by Shoorbeer Lal in PS Srinagar. Later on, it was found that Vijaya was dead. On 19.05.2005, a dead body was found by Srinagar Police. The dead body was of Vijaya Devi. PW 1 apprehended that Vijaya Devi was done away with by Shoorbeer Lal and Beena Devi by throwing her in river Ganges.;

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