STATE OF UTTARANCHAL Vs. JAGMOHAN SINGH

JUDGEMENT

(1.) Present Government Appeal was preferred by the State of Uttaranchal against the judgment and order dated 29.09.2004, passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No. 160 of 2004, whereby accused-respondents Jagmohan Singh Rawat, Vasudev Singh and Deepak Kumar were acquitted of the charges of offences punishable under Sections 302 / 34 & 201 / 34 IPC.

(2.) It was mentioned in the grounds of appeal that the judgment and order passed by learned Sessions Judge, Pauri Garhwal was illegal and contrary to the facts and material evidence available on record. Learned trial court has wrongly disbelieved the prosecution evidence and wrongly acquitted accused-respondents. It was therefore, prayed that the Govt. Appeal be allowed and impugned order of acquittal of accusedrespondents may be set aside A prayer was also made to convict and sentence the respondents accordingly to law.

(3.) A First Information Report was lodged by victim's father PW1 Kishan Singh Rawat. In that, it was stated that Pawan Singh Rawat (victim) proceeded from his residence on 04.10.2000, at 10:00 a.m. to SSB Group Centre, Srinagar, Garhwal, but did not reach the destination till 05.10.2000. The informant was apprised on telephone that Pawan Singh did not reach SSB Centre. On hearing the said news, the informant reached Srinagar on 06.10.2000, where he came to know that the dead body of Pawan Singh was sent for post mortem examination.