LAWS(UTN)-2012-3-25

OM PRAKASH ALIAS OMI Vs. STATE OF UTTARANCHAL

Decided On March 05, 2012
Om Prakash alias Omi Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) In the instance case, criminal law was set into motion on the complaint dated 06.08.1999 (Ext.Ka-1) of Durgesh Kumar Gupta s/o Trilok Chand Gupta r/o Ward no. 6, P.S. Sitarganj, District Udham Singh Nagar. Chik FIR (Ext.Ka-7) was lodged on 06.08.1999 at 8:15 p.m. The occurrence took place on 06.08.1999 at 8:00 p.m. There was distance of half a kilometer between place of occurrence and police station concerned. Hence there appears to be no delay in lodging FIR which was registered as case crime no. 269 / 99 under Section 302 IPC.

(2.) It is alleged by the informant in First Information Report that his elder brother Hira Lal (deceased) was a resident of ward no. 6 P.S. Sitarganj, District Udham Singh Nagar. The deceased had two wives. From his first wife victim had a daughter namely Deepmala who was aged about 17 years at the time of incident. His second wife had four children who were begotten from her first husband.

(3.) Appellant Om Prakash s/o Poranmal r/o ward no. 6 P.S. Sitarganj, used to come to house of the deceased. He offered to get married to Deepmala (daughter of deceased), but Hiralal (deceased) declined for the said marriage.