NEERAJ TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) MR . Rajendra Kotiyal, Advocate holding brief of Smt. Manju Kotaliya, Advocate for the applicant.

(2.) MR . Amit Bhatt, Addl. GA for the State.

(3.) IN brief, the prosecution case is that on 22.8.2009 at about 9.30 pm, the complainant Sher Singh Kanwal was having dinner in Union Restaurant along with his brother -in -law Balwant Singh Kanyal (Block Pramukh), Rajeev Kumar Valia, Bhupal Singh and Khushal Singh. After sometime accused applicant Neeraj Tiwari and co -accused Neeraj Harwil came there along with his 3 -4 other companions and started abusing Balwant Singh Kanyal. When Balwant Singh Kanyal asked the reason then they started scuffling with him. Soon thereafter police of PS Kaladhungi came there and took away the accused applicant Neeraj Tiwari and his companions as well as Balwant Singh Kanyal to the police station. After sometime, the complainant along with his companions also reached at the police station and at about 10.30 to 11.45 pm saw that Balwant Singh Kanyal was shot in his head by accused applicant Neeraj Tiwari in the presence of police inside the police station. Balwant Singh Kanyal died on the spot. The dead body was taken to Base Hospital, Haldwani by the police at 12 hours in the midnight where the Doctors declared him dead. With these averments FIR was lodged by Sher Singh Kanwal with PS Haldwani.