VIKAS NAUTIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH the appeals are preferred against the judgment and order dated 29.10.2010 passed by Sessions Judge, Uttarkashi in Sessions Trial No. 17 of 2008 whereby both the appellants were held guilty for the offence punishable under Section 302 IPC read with Section 34 IPC and were sentenced to undergo life imprisonment and to pay fine of Rs. 20,000/ - each, with the stipulation, in the event of default of payment of fine, to undergo additional simple imprisonment of one year.

(2.) BRIEF facts of the present case, inter alia, are that PW7 Kamleashwar Prasad reported the matter to police station Kotwali Uttarkashi saying his niece Bhawani Devi was murdered by both the appellants and one Satish Nautiyal, nephew of appellant Vikas Nautiyal, was also involved in the murder of Bhawani Devi; all the accused used to treat Bhawani Devi with cruelty, therefore, matter be investigated and proper legal action be taken against the accused persons.

(3.) POSTMORTEM was conducted on the dead body of Bhawani Devi (deceased) on 09.06.2008 by PW3 - Dr. S.K. Verma. During the postmortem examination, no internal or external injury was observed on the dead body of Bhawani Devi (deceased), therefore, viscera were preserved and sent for chemical examination. As per FSL report (Exhibit A -18), cause of death of Bhawani Devi was poisoning.