STATE OF UTTARAKHAND Vs. SHOORBEER LAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(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
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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