NARAYAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the proceedings of criminal complaint case no. 709 of 2002 State vs. Narayan Singh & another, relating to offences punishable under section 306, 217, 218, 120B I.P.C., pending in the court of Chief Judicial Magistrate, Pithoragarh.

(2.) Heard learned counsel for the parties and perused affidavit and counter affidavit.

(3.) Brief facts of the case are that a report dated 06.01.1993, was submitted by Village Pradhan Dewani Ram (copy Annexure-1) of Village Sorlakeh to the Naib Tehsildar, Pithoragarh, that a dead body is hanging near Chuna Bhatti, Tok. On this, Revenue Police went to the spot prepared inquest report. The dead body was sent for post-mortem examination. Dr. P.C. Pandey conducted post-mortem examination on the very day i.e. on 06.01.1993, and it was recorded by the medical officer in the autopsy report (copy Annexure-3) that the deceased had died due to asphyxia as a result of hanging. It appears that thereafter first information report was registered almost after one year on the suspicion that the deceased might have been murdered as his legs were touching the ground. After investigation, the Investigating officer submitted final report with the finding that the deceased has died of hanging and had committed suicide. It appears thereafter the matter was sent for further reinvestigation / further investigation to CBCID, on which after further investigation a charge sheet in respect of offences punishable under section 306, 217, 218, 120B I.P.C, was filed before the Magistrate in which petitioner and Diwani Ram are summoned as accused.