STATE OF UTTARAKHAND Vs. PAWAN KUMAR

JUDGEMENT

(1.) It is the State appeal against the judgment and sentence of acquittal passed by learned Sessions Judge, Pithoragarh dated 20.09.2001 in Sessions Trial No. 52 of 2001, under Sections 307/306 of I.P.C.

(2.) The prosecution case runs as follows:-

(3.) On the basis of the same Criminal Case No. 19 of 2001 under Section 376 of I.P.C. was registered at Police Station Kotwali Pithoragarh. Thereafter, the investigation was started and the concerned Investigating Officer arrested the accused. The Investigating Officer inspected the spot and prepared the site plan. He also recorded the statements of other witnesses and collected medical report. Bhagirathi died on 19.02.2001. After her death, the inquest report of the dead body was prepared and then the postmortem examination was conducted on 29.02.2001 and report thereof was also prepared. After completion of the investigation, chargesheet was submitted against the accused Pawan Kumar under Section 376 and 306 of I.P.C. before the C.J.M. concerned. Thereafter, the case was committed to the court of Sessions for trial and charge under the said two sections was framed. The defence of the accused was denial and pleaded not guilty and also for trial.