STATE Vs. BHAGWATI

JUDGEMENT

(1.) THE State seeks leave to appeal against the judgment dated 17.09.2012 passed in Sessions Case No.74/2010 (FIR No.888/2003, Police Station Rohini) whereby the Respondents were acquitted of the charge for the offence punishable under Sections 302/201 read with Section 34 of the Indian Penal Code, 1860 (IPC).

(2.) AS per prosecution version, on 08.10.2003 at about 3:30 p.m., an information was received by Sanjay Gupta (PW -4), Station Superintendent, Uttaranchal Transport Corporation that a jute bag (bora) was lying on the right side parking lot of Dehradun Bus Depot. He was further informed that there appeared to be a dead body in the said jute bag. PW -4 along with other officials immediately reached the spot and noticed the jute bag from a distance of about one -two mts. He also became suspicious about the presence of the dead body in the bag and thus, passed on the information to the two police constables who were on duty at the Depot. Thereafter, S.I. V. K. Sharma (PW -28) and S.I. Satyavir Singh (PW -31) from the Police Station (PS) Kotwali, Dehradun along with other police officials reached the spot. On opening of the gunny bag, a dead body of a male was recovered.

(3.) DURING investigation it transpired that the deceased had relationship with Respondent No. 1 Bhagwati and was staying with her. Jyoti, daughter of Respondent No.1 Bhagwati had grown young. The deceased had an evil eye on her which was being objected to by Respondent No. 1 Bhagwati. This objection, it is alleged was communicated by Respondent No. 1 Bhagwati to PW -15 and PW -20. Jyoti is also alleged to have disclosed the deceased 's ill intention to their landlord, Jagdish Prasad (PW -3). The deceased 's evil eye on Jyoti is alleged to have prompted the Respondents Bhagwati and her son Virender to have committed the deceased 's murder.