STATE OF UTTARAKHAND Vs. DEEPU VERMA @ DEVENDRA LAL

JUDGEMENT

(1.) The State of Uttarakhand has approached this Court being aggrieved by the judgment and final order dtd. 17/7/2013 passed by the Division Bench of the High Court of Uttarakhand at Nainital in Criminal Appeal No. 207 of 2010 thereby allowing the appeal filed by the respondent herein and setting aside the judgment and order of the Court of Sessions Judge, Almora (hereinafter referred to as "trial court") in S.T. No. 15 of 2009 dtd. 9/8/2010 convicting the respondent herein for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, "IPC") and sentencing him to life imprisonment and a fine of Rs.1,000.00.

(2.) The prosecution's case is that on the date of the incident PW-1 (Ganeshi Lal) along with PW-2 (Nirmala Verma), who is the daughter of PW-1 and PW-4 (Hira Devi), wife of PW-1, were present in the courtyard. PW-1 heard a cry coming from the courtyard of the victim, which was situated adjacent to the courtyard of PW-1 and he saw the victim being assaulted by the respondent-accused by a sickle. On seeing PW-1, the accused ran away. Initially, the victim was taken to the PHC Takula and thereafter shifted to Base hospital at Almora. The victim succumbed to the injuries. PW-1 lodged a complaint at Police Station Takula, District Someshwar, Almora.

(3.) On the basis of the oral report of PW-1, a First Information Report (FIR) came to be registered. After completion of the investigation, the chargesheet was filed.