SUSHIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT criminal revision was filed by the informant Sushil, being aggrieved against the impugned judgment and order dated 10.12.2008, whereby the accused persons, namely, Kallu, Ram Kumar and Anil were exonerated of the charges punishable under Sections 302/34, 307/34 and 504 of IPC framed against them.

(2.) A charge -sheet was submitted against the accused persons namely, Kallu, Ram Kumar and Anil by the police of Laksar for the offences punishable under Sections 302/34, 307/34 and 504 IPC. The case was committed to the Court of Sessions. When the trial began and the prosecution opened it's case, charge for the offence punishable under Section 302 IPC read with Section 34 of IPC was framed against Kallu and Ram Kumar and charges for the offences punishable under Sections 302/34, 307/34 and 504 IPC were framed against the accused Anil, who pleaded not guilty and clamed trial.

(3.) PW 1 Indraraj s/o Mangal, PW 2 Sushil Kumar (present revisionist), PW 3 Rajni, PW 4 Retd. SI S.K.Tyagi, PW 5 Dr. H.G.S Manrao, PW 6 Indraraj s/o Ram Swaroop, PW 7 Constable Ajit Singh, PW 8 SI Rajpal Singh, PW 9 Deputy SP Rajesh Krishna and PW 10 Mahendra Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. DW1 Rajkumar was examined in defense. Several documents were filed on behalf of the accused -persons in defence. After considering the evidence on record, the accused persons were exonerated of the charges leveled against them. Aggrieved against the same, present Criminal Revsion was preferred by the revisionist, who was the informant of the criminal case.