CHINTAMANI NARIYAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-3-26
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on March 13,2013

Chintamani Nariyal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Appellant, by way of present appeal, is assailing the judgment and order dated 05.02.2008 / 07.02.2008 passed by Sessions Judge, Champawat whereby the appellant was convicted and sentenced to undergo life imprisonment and to pay fine of Rs. 25,000/-, failing which to further undergo two year imprisonment under Section 302 IPC.
(2.) Brief facts of the present case, inter alia, that appellant lodged an FIR with police station Kotwali, Champawat on 06.10.2004 to the effect that in the evening of 05.10.2004 at about 6-7 p.m., he found his son Naveen lying injured in the village Khetar Nariyal; it seems that he was assaulted by some sharp edged weapon; his son Naveen came back from school at about 03.00 p.m. and thereafter, took oxen at about 04.00 p.m. for grazing purpose and informant appellant also took out his buffaloes for grazing and offering water purpose from Goshala; after about 30 45 minutes, appellant came back to Goshala along with buffaloes and thereafter, went back to home, at about 06.00 p.m. appellant again came to Goshala and noticed that oxen were grazing in 2 the field, however, his son was not there; wife of appellant informed the appellant that Naveen did not come back after grazing the oxen, thereafter, appellant and other people searched for Naveen and found him injured lying about 100 150 metre away from Goshala. Appellant brought Naveen to the Government Hospital, Champawat, where doctors declared him brought dead.
(3.) Having registered the FIR, police started the investigation of the matter and thereafter, filed a charge-sheet against the informant / appellant for the offences punishable under Section 302, 201 IPC.;


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