SAURABH BHATIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dtd. 21/8/2013 passed by the District and Sessions Judge, District-Tehri Garhwal in S.T. No.21 of 2012, State of Uttarakhand Vs. Saurabh Bhatia, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'the Cr.P.C.'), whereby the learned Sessions Judge convicted the appellant under Sec. 302 of the IPC and sentenced him to undergo life imprisonment with a fine of Rs.5.00 lakhs (Rupees Five Lakhs) and in default of payment of fine to undergo two years' R.I.

(2.) Prosecution story, in brief, is that PW 1 Sharad Prakash submitted a report (Ex.Ka-1) at Police Station Muni Ki Reti, Tehri Garhwal on 5/6/2012 stating therein that he is the proprietor of hotel Shiv Ganga Tapovan. On 2/6/2012 at about 2:15 p.m. one lady aged about 23 to 24 years and one male person aged about 26 years came to hotel. The male person produced driving licence disclosing his name and address as Saurabh Bhatia of J-K-18A, NIT, Faridabad, DL number 7735/F/06 and mobile number 9711830715. He also made the entry in the register. The Manager, Mr Ashish Bhadri provided room number 15 to them. They had taken the dinner at 8:30 p.m. at their room as served by room boy Sanjeev. On 3/6/2012, at about 11:30 a.m., Saurabh came at reception to check out the room. The Manager returned his identity card but he did not check out the room and told that he will stay for one more day. Thereafter, they don't know where and when Saurabh had gone.

(3.) On 5/6/2012, Mr. Sompal, the servant of the hotel informed about 10:00 a.m. that faul smell was coming out from room number 15 which was closed from inside. Then he along with other servants went to room number 15 but the room was closed from inside. No response of knocking the door and intercom call was received from the room. Accordingly, on suspicion, the Manager informed the incident to Police Station Tapovan. When the police team reached at the spot, they opened the door of the room by breaking it and found that the lady, who was with Saurabh, was hanging from the ceiling fan. There was a pool of blood in the room. The appellant, Saurav Bhatia was not there. It appeared that Sourabh had committed the murder and thereafter hanged the body of the deceased.