HIGH COURT OF UTTARAKHAND
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(1.) A first information report was lodged by the informant Maha Vir Singh in Police Station-Vikasnagar, District-Dehradun against the accused persons, namely Ranjana Devi, Ram Pyari and Mathura Devi for the offence punishable under Section 436 of I.P.C., which was registered as Case Crime No. 301 of 99. After the investigation, a charge sheet was submitted against one accused, namely, Ranjana Devi only for the offence punishable under Section 436 of IPC.
(2.) The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge for the offence punishable under Section 436 of I.P.C. was framed against the accused, to which she pleaded not guilty and claimed trial.
(3.) Pw1 Maha Vir Singh (informant), PW2 Diwan Dutt (eye witness), PW3 Jay Prakash (eye witness), PW4 H.C. Gajraj Singh (formal witness), PW5 S.I. J.P. Thapaliyal (investigating officer), were examined on behalf of the prosecution. Incriminating evidence was put to the accused in statement under Section 313 Cr.P.C., in reply to which she said that she was falsely implicated in the case. She also said that she instituted a civil suit against the opposite party and obtained stay. The informant, despite the stay order did not stop work. An application for breach of injunction order was filed. The informant was annoyed and therefore he lodged first information report against her. She denied that she set the property on fire.;
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