TRILOK NATH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is preferred assailing the judgment and order passed by Sessions Judge, Bageshwar dated 5.2.2010 in S.T. No. 04 of 2009, whereby appellant was held guilty for the offence punishable under Section 302 IPC and 201 IPC and was sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/ - and in default of making payment to undergo additional imprisonment of one year for the offence punishable under Section 302 IPC; to undergo R.I. for three years for the offence punishable under Section 201 IPC. In brief, case of the prosecution, inter alia, is that PW 1 lodged an FIR on 4.11.2008 at P.S. Bageshwar stating therein that on the previous day i.e., 3.1.2008, the appellant/accused came to the house of PW 1; asked Manoj Nath (deceased) to accompany him to inquire about the illness of his (appellant's) son; Manoj Nath (deceased) went along with the appellant, however, did not come back on 3.11.2008; next day PW 1 went to the house of the appellant to make inquiry about the whereabouts of his son (deceased); whereupon the appellant informed PW 1 that his son (deceased) left the company of the appellant in the noon of 3.11.2008 saying that he would be going to purchase vegetables from the shop near Kanda Taxi Stand and thereafter he did not see him.

(2.) HAVING investigated the matter, police submitted chargesheet, whereupon charges were framed against the appellant punishable under Sections 302, 201 and 364 IPC.

(3.) LEARNED Trial Court acquitted the accused/appellant for the offence punishable under Section 364 IPC, however, was pleased to convict and sentence the accused/appellant for the offences punishable under Sections 302 and 201 IPC, as stated hereinabove. Hence, the appeal.