STATE OF UTTARAKHAND Vs. KAMLA DEVI AND ORS.

JUDGEMENT

(1.) Present appeal has been preferred with the delay of 78 days. For the reasons stated in accompanying affidavit, we are satisfied that 78 days' delay in filing the present appeal has been properly explained. Therefore, the same is hereby condoned. Delay condonation application is allowed accordingly.

(2.) As per the prosecution story, P.W. 1 Parwati Devi has reported the matter to the Patti Patwari that her husband Jeewan Singh Negi (deceased) was being beaten by the accused -respondents, herein, Kamla Devi W/o Dinesh Chandra, Kamla Mishra W/o Leeladhar and Durga Devi W/o Gusai Dutt Mishra, with the help of other miscreants.

(3.) While appearing in the witness box, P.W. 1 Parwati Devi has stated that she was not present on the spot at the time of incident and incident was reported to her by Ganesh and Mahesh.