DHANI RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both these criminal appeals are arising out of same judgment and order and common question of law and facts are involved, hence, they are taken up together and are being decided by this common judgment. For the sake of brevity, the facts of CRLA No.19 of 2007 are taken into consideration.

(2.) These criminal appeals are preferred by the appellants assailing the judgment and order dtd. 11/1/2007/ 12/1/2007 passed by learned Sessions Judge, District Tehri Garhwal, in Sessions Trial No.21 of 2005 State Vs. Dhani Ram @ Dugri and Ors., whereby, the said Court has convicted the appellants for the offence punishable under Sec. 304 IPC read with 34 IPC and sentenced them seven years' rigorous imprisonment each with fine of Rs.3,000.00 each, with default stipulation, six months' additional rigorous imprisonment each.

(3.) The prosecution story in brief is that one-Mr. Bhagwati Prasad on 22/4/2005, came to Revenue P.S. Navakot, Tehsil-Jakhnidhar, District Tehri Garhwal and informed that the ex-village Pradhan had informed him that a person's dead body was lying at newly constructed Navakot motor road band. On hearing this, the concerned Patwari reached the alleged spot and prepared the Inspection Report, Site Map and sent the dead body for postmortem. Thereafter, on the same day at around 06:00 PM, one Mr. Sunil S/o Amar Dev, lodged a report that his father's dead body was found at Navakot road band and he had suspicion that someone had killed his father and thrown his body down the road. The chick FIR was registered against unknown persons under Sec. 302 IPC on the same day.