YOGESH RAUTELA AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All the above-titled five appeals have arisen out of the same judgment and order rendered on 2.8.2011, by learned Sessions Judge, Champawat, hence have been heard together and are being adjudicated by this single verdict hereinbelow.

(2.) On 26.5.2006, learned Sessions Judge initially levelled the Charges against six accused persons for the offences of Section 302, 364, 120-B, 396, 201 and 412 IPC, but as the trial commenced, one of the accused, namely, Rajendra Singh @ Raju Rawat escaped from the jail custody and somehow, was killed during an encounter with the police on 24.6.2006, so the trial stood abated against him vide order dated 18.8.2006. The case pertains to Police Station, Tanakpur, District Champawat, bearing Sessions Trial No.14 of 2005 (Crime No.201 of 2005), wherein all the accused persons remained in caption eversince the date of their arrest and were not favourably considered to be released on bail till date.

(3.) For convenience, we would refer the accused Rohit Malik as 'A1', Daleep @ Dallu 'A2', Vimal 'A3', Yogesh Rautela 'A4', Rajendra Singh @ Raju Rawat (case abated as above) as 'A5' and Chandra Shekhar @ Shekhar Upreti as 'A6'. They all are the youths running in their mid twenties and resident of nearby places of Champawat or Tanakpur.