STATE OF UTTARANCHAL (UTTARAKHAND) Vs. SANJAY BAHAL

JUDGEMENT

(1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C) is directed against the judgment and order dated 18.12.2000, passed in Sessions Trial No. 135 of 1994, whereby learned Sessions Judge, Dehradun, has acquitted the Respondents/accused Sanjay Bahal, Rajnish Bansal and Israil George from the charge of offences punishable under Section 302/34 and 201/34 Indian Penal Code, 1860 (for short IPC).

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that Km. Varsha @ Vinod Sharma aged 24 years was sister-in-law of P.W.1 Vinod Kumar. On 16.06.1994, she had gone for prayer to PEER BABA KI MAZAR in Dehradun, but did not return back. A missing report to this effect was given by P.W. 1 Vinod Kumar at Police Station Raipur on the very day. On the next day, the dead body was found in the morning in Nalapani jungle which was noticed by P.W.2 Satish Chandra Guleriya who informed about it, and gave written report (Ex. A1) at Police Station Raipur. The body was identified by P.W.1 Vinod Kumar and his wife P.W. 10 Smt. Shalini (sister of the deceased). On the basis of the written report given by P.W. 2 Satish Chandra Guleriya a crime No. 51 of 1994 against unknown persons was registered in respect of offence punishable under Section 302 of 2011 IPC, at Police Station Raipur, and investigation was taken over by P.W. 15 Incharge Inspector Rakesh Kumar Mittal. The dead body of Km. Varsha @ Vinod Sharma was taken into possession by the police, and inquest report (Ex. A14) was prepared on 17.06.1994 at about 9:15 a.m.. Police further prepared form No. 13 (Ex. A15), sketch of the dead body (Ex. A16), sample seal (Ex. A17) and letter to Chief Medical Officer (Ex. A18) requesting for post-mortem examination. The dead body was sent in a sealed condition for post-mortem examination, and P.W.11 Dr. B.C. Ramola conducted post-mortem on the dead body of the deceased on the very day (17.06.1994) at about 4:00 p.m.. He recorded two ante-mortem gun shot injuries one of entry and another of exit, and six post-mortem injuries on the dead body of the deceased and opined in his autopsy report (Ex. A3) that deceased had died of shock and hemorrhage due to ante-mortem gun shot injuries. During investigation accused Sanjay Bahal, Rajnish Bansal and Israil George were arrested after interrogating the witnesses. The recovery of revolver allegedly used in the crime is said to have been made by the Investigating Officer (P.W. 14 Incharge Inspector Ram Jee Mishra to whom investigation is said to have been transferred) on 17.06.1994. The car bearing registration No. DL2CA9541 said to have been used in the crime was also recovered during investigation. The recovered revolver, entry cartridges, and blood stained clothes of the deceased were sent through P.W. 19 Constable Hariom Singh to the Forensic Laboratory Agra for examination. A report (Ex. A14) was received from said laboratory in which it was reported that the clothes of the deceased and a piece of seat of car and piece of wood taken from the place of incident contained human blood. It was also reported by the Forensic Laboratory that the empty cartridge sent to it was found to have been fired from the revolver sent to the laboratory. The prosecution case is that Km. Varsha @ Vinod Sharma had illicit relations with accused/Respondent Rajnish Bansal, and on birthday of Sanjay Bahal he asked her to submit herself for physical relations to Sanjay Bahal on which she declined, and shot by him (Sanjay Bahal) by using his revolver recovered during investigation. On completion of investigation, charge sheet (Ex. A12) was filed by the Investigating Officer for trial of accused/Respondents Sanjay Bahal, Rajnish Bansal and Israil George in respect of offences punishable under Section 302 and 201 IPC.