STATE OF UTTARAKHAND Vs. BHIM RAM

JUDGEMENT

(1.) For the reasons stated in the accompanying affidavit, we are satisfied that delay has been explained properly, therefore, 65 days' delay in filing the appeal is condoned. Delay condonation application no. 1448 of 2015 stands disposed of accordingly.

(2.) Present appeal is filed against the judgment and order dated 21.03.2015 passed by Sessions Judge, Almora in Sessions Trial No. 04 of 2014 whereby accused/respondent, herein, was acquitted of the charge under Section 302 IPC.

(3.) Brief facts of the present case, inter alia, are that PW1 Manju Arya, daughter of deceased Khagi Ram, PW2 Jasuli Devi, wife of the deceased Khagi Ram and PW3 Umesh Lal, son of deceased Khagi Ram, while appearing in the witness box, have stated that they all were present in their house in village Katarmal, post office Kosi, Tehsil and District Almora in the evening of 08.05.2013; accused respondent, herein, came to their house and called Khagi Ram; thereafter, Khagi Ram has left the house in the company of accused respondent, herein; on 09.05.2013, dead body of Khagi Ram was recovered from the forest area; postmortem was conducted on the dead body of Khagi Ram on 09.05.2013 itself and cause of death was opined as due to burn injuries.