REKHA RAGHUVANSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In a broad daylight murder, one practising Advocate lost his life. As per the prosecution version, on 13/9/2017 at about 11:15 a.m., when deceased Susheel Kumar Raghuvanshi came out of his house for going to the court, he was shot by two unknown persons, riding on a motorcycle; he was taken to the hospital where he expressed suspicion upon (i) Dabbu @ Serveshwar Prasad, (ii) Brijesh and (iii) Lala Ji @ Vinod Garg for conspiring for his murder. Later on, while being taken to a higher centre for further treatment, he died on the way to Dehradun near Haridwar. The investigation ensued on the first information report lodged by wife of deceased, which was registered in Police Station Kotdwar on 14/9/2017 at about 00:10 a.m. Based on the FIR, a Case Crime No. 281 of 2017 under Sec. 302 IPC was registered against the accused persons on whom suspicion was expressed by the deceased, namely, Vinod Lala, Amar Singh, younger son of Jagat Singh and two unknown persons, who were motorcycle borne assailants. A charge-sheet was filed under Ss. 302 & 120-B IPC against as many as seven persons. After trial, learned Additional Sessions Judge, Kotdwar, Pauri Garhwal, vide judgment and order dtd. 31/3/2023, acquitted all the accused persons of the charge levelled against them.

(2.) Against acquittal of the accused persons, wife of the deceased, Smt. Rekha Raghuvanshi (informant of the case), filed instant appeal before this Court under proviso to Sec. 372 of the Cr.P.C. The appeal was admitted. Trial Court Record was summoned and notices were issued to the private respondents-accused persons.

(3.) On 12/7/2023, this Court directed learned counsel for the State to get instructions as to whether State intends to file appeal against the judgment and order impugned in this appeal and the case was adjourned to 18/8/2023.