SATISH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) One Pawan Kumar wrote a complaint (Ext. Ka-1) on 07.07.2000 to Station Officer, Police Station, Kankhal, District Haridwar, regarding death of his cousin Vipin. According to the informant his cousin (son of maternal uncle) Vipin was residing with him for the last two years in Balmiki Basti, Kankhal. On 06.07.2000, at 10:30 P.M., Vipin went from his house saying that he will be coming back after sometime. He did not return that night. In the morning of 07.07.2000, a search for Vipin was made, but to no avail. Later on, Vipin's dead body was found lying on the lane (also called chor gali) situated in between the orchards of Vijay Kushwaha and Prem Mistry. Blows of knife were found on the dead body. The knife was also found near the dead body of victim. It was alleged in said complaint that some unknown people killed Vipin during night.

(2.) On the basis of said complaint, chik FIR (Ext. Ka-11) was lodged by the police on 07.07.2000, at 12:40 P.M. A Case Crime No. 88 of 2000 in relation to offence punishable under Section 302 of IPC was registered against unknown people. After interrogating the witnesses and on completion of the investigation, charge sheet (Ext. Ka-13) in connection with offence punishable under Sections 302 of IPC was submitted against the accused persons Satish and Ravindra.

(3.) When the trial began and prosecution opened it's case, charge in relation to same offence was framed against the accused persons, to which they pleaded not guilty and claimed trial. As many as 14 prosecution witnesses were examined on behalf of the prosecution.