STATE OF UTTARAKHAND Vs. SANJAY SHAH

JUDGEMENT

(1.) These two Government Appeals are directed against a common judgment dtd. 10/10/2012, passed by the learned Additional Sessions Judge, Almora in Sessions Trial No. 27 of 2011, "State vs. Sanjay Shah and Another", whereby, the learned trial court has acquitted the respondents-accused persons from the charge of Sec. 302 read with Sec. 34 of IPC, and, in Sessions Trial No. 5 of 2012, "State vs. Sanjay Shah", whereby, the respondent has been acquitted from the offence punishable under Sec. 30 of the Arms Act, 1959. These two Government Appeals are connected appeals, therefore, these two Government Appeals are being decided by this common judgment.

(2.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that, on 7/6/2011, the marriage of the brother of the deceased Dinesh Rawat's wife was attended by the deceased Dinesh Rawat, his friends the deceased Ram Singh Bhandari, witness Data Ram, Constable (PW4) and witness Yashpal Singh (PW5). Dinesh Rawat's father Narayan Singh Rawat (PW1) was also present in the said marriage. Dinesh Rawat, Ram Singh Bhandari, Data Ram and Yashpal Singh had come back from marriage ceremony at around 3.45 p.m. They had taken alcohol and their food. At around 10 p.m., Data Ram (PW4) and Yashpal Singh (PW5) had left for Ranikhet along with Dinesh Rawat in a new Maruti WagonR car of Dinesh Rawat. While Ram Singh Bhandari had left for Ranikhet by motorcycle. When Ram Singh Bhandari was on his way to Ranikhet, his motorcycle slipped. Ram Singh Bhandari received injuries in that accident, due to which he sat in the car of Dinesh Rawat.

(3.) On 8/6/2011 at around 12 O' clock in the night, Narayan Singh Rawat, father of the deceased Dinesh Rawat, was informed by the village Pradhan that two dead bodies were found in the car of Dinesh Rawat. Narayan Singh Rawat reached the spot at around 3 O' clock and saw that the windows of the car were closed and the dead body of Ram Singh Bhandari was lying on the front seat and the dead body of Dinesh Rawat was lying on the back seat of the car.