STATE OF UTTARAKHAND Vs. LEELADHAR JOSHI AND ORS.

JUDGEMENT

(1.) The State has assailed the judgment and order dated 05.03.2009 rendered by learned Sessions Judge, Pithoragarh in Sessions Trial No.12 of 2006, State v. Leeladhar Joshi & five others. For the sake of convenience, accused Leeladhar Joshi is referred as (A1), Krishnanand Joshi (A2), Ganesh Dutt Joshi (A3), Mathura Dutt Joshi (A4), Tika Ram Joshi (A5) and Madhvanand Joshi as (A6). A3 and A6 were tried for the offence of Sections 302/34 and 201 IPC whereas remaining accused persons were charged for the offence of Sections 302 r/w 201 IPC. The case bears the crime no.2/2005 which was registered at Police Station Berinag, District Pithoragarh.

(2.) It is pertinent to mention here that A1, A2, A4 and A6 are the real brothers, whereas A3 is the son of A5, being closely relative to remaining accused persons residing in the same vicinity. That apart, deceased Tara Dutt and the informant Badri Dutt (PW2) are also the relations of these accused persons.

(3.) The prosecution story unfolds that Tara Dutt (deceased) along with his wife Smt. Munni Devi (PW1) had gone to attend the marriage scheduled at village Airadi in the house of A4, whose son Kailash had to be married on 4.5.2005. In the same marriage, Smt. Ganga Devi (mother of PW1) with her son Santosh Chand (PW4) had arrived from their village Saniuidyar, whereas another daughter Tara Devi (PW3) reached there from village Footsill.