BHASKAR JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant against the judgment and order dated 27.06.2015 and 30.06.2015 passed by the First Additional Sessions Judge, Haldwani, District Nainital in Session Trial No. 46 of 2009, whereby the appellant has been convicted under Section 302 of IPC and has been sentenced for life imprisonment with a fine of Rs.5,000/- (Rupees Five Thousand only), with default stipulations.

(2.) The deceased was a young 24 year old unmarried working woman who used to work for a "Z King Hardware Networking" shop, which was at "Bhotiya Parav", Haldwani (Nainital District). Her house was at some distance from the shop in a remote peripheral area of Haldwani town, which was in fact a village called "Padampur Devaliya", Police Station Lalkuan. Her daily routine was to proceed early morning for her work at about 08:00-08:30. She used to walk towards the main road at "Moti Nagar", from where she usually took an auto rickshaw or a three-wheeler which took her to her work place i.e. the shop at "Bhotiya Parav", Haldwani. By evening at about 06:00 PM, she used to finish her work and return home taking the same route.

(3.) As per the prosecution case, on the fateful day of 19.11.2008, the deceased proceeded as usual in the morning for her work. After completing the day's work at the shop at about 06:00 P.M., she left the shop for her house. Like usual a three-wheeler took her to Moti Nagar, from where she walked towards her house. It was already dark by this time, considering it was the month of November. She never reached her home.