STATE OF UTTARANCHAL Vs. SHEKHAR GUPTA
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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Umesh Chandra Dhyani, J. -
(1.) PW 1 Shakeel Ahmad wrote a complaint to Inspector In -charge, Kotwali, Kichha on 30.07.1997, at 10:00 P.M., against accused Shekhar Gupta, Dharampal and Narad, which was registered as case crime No. 353 of 1997, under Section 307 of IPC. The incident was alleged to have taken place on the selfsame day at 09:30 P.M. and the FIR was lodged immediately after half an hour. The distance between the place of occurrence and the police station concerned was half kilometer and, therefore, there appears to be no delay in lodging the FIR.
(2.) AFTER the investigation, a charge -sheet was submitted against the accused persons in respect of offence punishable under Section 307 of IPC. The case was committed to the Court of Sessions. When the trail began and prosecution opened it's case, charges for the offence punishable under Section 307 of IPC read with Section 34 of IPC were framed against the accused persons, to which they pleaded not guilty and claimed trial. Pw1 Shakeel Ahmad (informant), Pw2 Anees Ahmad (injured), Pw3 Muzaffar Ali (eyewitness), Pw4 Dr. P.D. Pandey (Medical Officer), Pw5 S.I. Ganga Singh (I.O.) and Pw6 S.I. Mahesh Chand Mishra (I.O., who conducted investigation at some length) were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was adduced in defence.
(3.) AFTER considering the evidence on record, learned Addl. Sessions Judge/III F.T.C., Udham Singh Nagar, exonerated Shekhar Gupta, Narad alias Mukesh, and Dharampal of the charges levelled against them. They were exonerated of the offence punishable under Section 307 of IPC read with Section 34 of IPC, vide impugned judgment and order dated 15.04.2004. Aggrieved against the impugned judgment and order, present Government Appeal was preferred.;
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