DEEPAK BHATT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-12-12
HIGH COURT OF UTTARAKHAND
Decided on December 05,2013

Deepak Bhatt Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

SERVESH KUMAR GUPTA, J. - (1.) APPELLANT Deepak Bhatt has come up before us challenging the judgment and order of his conviction, recorded by learned Sessions Judge, Pithoragarh on 5/7.9.2011 in Sessions Trial No.25 of 2008 titled as 'State Vs. Deepak Bhatt' (crime no.1 of 2008 Patti Modi, Tehsil Didihat). The trial court, adjudicated the trial and found him guilty for the offence of section 302 IPC, wherefor he has been appropriately sentenced.
(2.) IT is the case of prosecution that the appellant committed the murder of his own young wife and minor son, yet he himself lodged the first information report. Report (Ex.Ka -3/1) unfolds that on 22.4.2008, when the appellant, after doing his task, returned to his house at about 9 P.M. from Boongachina, he did not find the door bolted from inside. His call from outside the house was not responded to by anyone from inside. On opening the door, he found his wife dead with slit -throat on one side of the room, whereas on the other, his daughter was lying above his deceased minor son. In between those two dead bodies, floor was blood -soaked. Appellant then turned back and called his neighbouring aunt Anandi Devi (PW1). He also made a rousing call to the villagers. Hearing the same, village Pradhan and other persons assembled. He ranged up the office of Collector also, but in vain. This FIR was lodged by the appellant next day (23.4.2008) asking intervention of Patwari (a man of revenue police). Chick report thereof is Ex.Ka -4.
(3.) THE police then came into motion, arrived at the spot and prepared the inquest reports Ex.Ka -5 (Geeta Bhatt) and Ex.Ka.10 (Master Kuldeep Bhatt). The members of inquest opined that both the deceased persons have been murdered, nonetheless, they requested for autopsy.;


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