RAJU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 10/12/2009 passed by the High Court of Uttarakhand at Nainital (hereinafter, 'High Court') in Appeal No. 1458/2001, whereby the judgment and order dtd. 13/10/1995 of the Additional Sessions Judge­cum­Special Judge, Dehradun (hereinafter, 'Trial Court') in S.T. No. 116/1994 was substantially set aside and the Appellant was convicted under Sec. 307 of the Indian Penal Code, 1860 (hereinafter, 'IPC') and sentenced to undergo seven years of rigorous imprisonment, along with a fine of Rs.1000.00­-.

(2.) At this juncture, it is essential to outline the factual matrix as described in the FIR to clearly understand the context of the instant appeal.

(3.) Mr. Anuvrat Sharma, learned counsel representing the Appellant, while assailing the reversal of acquittal, contended that the High Court has failed to appreciate the evidence on record due to which it arrived at an erroneous finding. Mr. Sharma impressed that the Complainant, Farzan, was not an eye­witness to the alleged incident. He admittedly arrived at the scene only after being told about it. Learned counsel highlighted the glaring contradictions between the account provided in the FIR and the testimonies of the witnesses, as recorded by the Trial Court.