LAWS(UTN)-2015-10-6

STATE OF UTTARAKHAND Vs. SAUKEEN AND ORS.

Decided On October 07, 2015
STATE OF UTTARAKHAND Appellant
V/S
Saukeen And Ors. Respondents

JUDGEMENT

(1.) Present appeal is preferred with 65 days' delay. We have perused the accompanying affidavit to the application seeking condonation of delay. We are satisfied that delay has been property explained. Therefore, 65 days delay in filing the appeal is hereby condoned. Application seeking condonation of delay (CRMA No. 1720 of 2015) is allowed.

(2.) Present appeal is preferred assailing the judgment and order dated 30.04.2015, passed by IIIrd Additional Sessions Judge, Haridwar, in Session Trial No. 117 of 2006, whereby accused/respondents were acquitted from the charges punishable under Ss. 302/34 and 201/34 I.P.C.

(3.) Brief facts of the present case, inter alia, are that PW2 Mubarik Ahmed has reported the matter to Police Station Shyampur, District Haridwar stating therein that earlier his younger brother Kayum @ Bhura was having illicit relation with Hasruba, however, thereafter, he got married with Hasruba and brought her as second wife and started living in another village; uncle of Hasruba, namely, Shokeen/accused was not happy with the relation between Kayum @ Bhura and Hasruba on 03.07.2005; when Kayum @ Bhura was present at Shanti Dairy, one man came to the Santi Dairy and informed Kayum @ Bhura that Shokeen has called him; he left with him; he was last seen in the company of both the accused on the motor cycle by Rais and Yunus and his dead body was recovered from the jungle of Shyampur on 04.07.2005; he has every suspicion that his younger brother was killed by both the accused.