STATE OF UTTARAKHAND Vs. MOHAN RAM

JUDGEMENT

(1.) Aggrieved by the acquittal of Mohan Ram, (the accused-respondent herein), by judgment dated 15.10.2019, passed by the District & Sessions Judge, Chamoli, in Sessions Trial No. 4 of 2016, the State has filed the present appeal before this Court.

(2.) Briefly, the facts of the case are that on 14.12.2015, Dinesh Ram (P.W.1) lodged a written report (Ex. Ka 4), before the SHO, Police Station-Chamoli, wherein he claimed that his brother-Bharat Lal (the deceased) used to work as a labourer at Joshimath. Yesterday, on 13.12.2015, around 07:30 P.M., he met his brother, along with Vikram Lal, Churi Lal, Jaspal Lal, and Tula Ram. These persons were travelling with Mohan Ram in Mohan Ram's truck. The truck number of the accused, Mohan Ram, is UA-07-4787. At the time of meeting, his brother told him that he is going to their village. At that time, the complainant left for Village Narangi for attending a marriage. He further claimed that at night, he came back to his house. But his brother did not come back to their house. He further claimed that, since his uncle's house is on the way to his house, he thought that perhaps his brother has stayed at his uncle's house. In the morning, on 14.12.2015, a Member of the Zila Panchayat, namely, Guddu Lal, informed him that there is a body of an unknown person lying dead on the road. He further told that him perhaps, it is his brother. Therefore, the complainant went to the place, where the dead-body was lying; he discovered that it was, indeed, the body of his brother. The complainant suspected that his brother has been killed by Vikram Lal, Churi Lal, Jaspal Lal, and Tula Ram.

(3.) On the basis of this written report (Ex. Ka 4), a formal FIR, being FIR No. 20 of 2015, (Ex. Ka 11) was registered against Vikram Lal, Churi Lal, Jaspal Lal, Tula Ram and Mohan Ram for offences under Section 302 read with Section 34, and Section 201 of IPC. The investigation commenced.