STATE OF UTTARAKHAND Vs. MADHAVI DEVI AND ORS.

JUDGEMENT

(1.) The judgment and order of acquittal dated 3.6.2010, rendered by the Sessions Judge, Pithoragarh, has been assailed by the State. Sessions Trial No. 2/2007 pertaining to Crime No. 01/2006, Patwari Circle Pathharkhani, Tehsil and District Pithoragarh proceeded in the Court of Sessions Judge for the offences under Section 147, 148, 120B, 302/34 IPC, wherein five accused persons were put to trial. However, prosecution could not successfully prove its case against the accused resulting in their acquittal.

(2.) Initially the First Information Report was lodged against as many as eight persons, who are the residents of Village Bilai (Tepulkot) and are the members of the same family. For convenience, we would indicate accused Bhagwan Das as A1, Smt. Madhavi Devi as A2, Madho Ram as A3, Dani Ram as A4 and Giris Prasad as A5. There were three other accused, namely, Master Sunil Kumar (A6), Master Lalit (A7) and Km. Anita (A8). A1 and A2 are husband-wife, while A6, A7 and A8 are their children. A3 and A4 are the real brothers of A1. A5 is the son of A3. Thus, we can observe that all the eight accused persons, who were implicated in the instant case by lodging the First Information Report, are the members of one and same family.

(3.) It was pointed out in the Court that since A6, A7 and A8 were minors, so the chargesheet against them was submitted before the Juvenile Justice Board, while rest of the accused persons were chargesheeted in the Court of Sessions Judge. Such chargesheet is Ex. Ka-21. Learned Sessions Judge levelled the charges of Section 147, 148, 120B, 302/34 IPC against all these five.