GOVIND SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant - Govind Singh alias Govinda is in judicial custody for the offence punishable under Sec. 103(1) read with Sec. 3(5), Sec. 61(2) and Sec. 238 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.575 of 2024, registered at Police Station Rudrapur, District Udham Singh Nagar.

(2.) According to the respondent - State, Sumit, aged about 24 years, the husband of the informant Smt. Renu, was missing since 14/11/2024. A report was registered on 21/11/2024 under Sec. 140(3) of the Bharatiya Nyaya Sanhita, 2023 against unknown person. On the same day, i.e. 21/11/2024, an application was given by one Raju, the father of Sumit, to the police alleging that Sumit's wife has an illicit relationship with Ganesh (co-accused). On 21/11/2024, the police arrested three co-accused Ganesh, Vansh and Deepak Kohli on a secret information. They confessed before the police that they committed murder of Sumit along with Shivam alias Judi (co-accused), Govinda (applicant) and Renu (co-accused). On 22/11/2024, the police recovered the dead body of Sumit from a pit based on the information provided by Ganesh Chandra, Vansh and Deepak Kohli, co-accused. The inquest proceedings and the post-mortem examination of the dead body were conducted on 22/11/2024. According to the post-mortem report, the cause of death was asphyxia due to anti-mortem strangulation. The viscera was preserved.

(3.) As per the respondent, evidence has been found during the investigation that Ganesh Chandra, the co-accused, and Sumit's wife were in love relationship. Sumit had knowledge of this fact. Therefore, he used to beat her. Sumit was called in the night of 14/11/2024. He was given liquor. He got drunk, then Ganesh Chandra hit him on his head with a beer bottle. Govinda (applicant) and Deepak strangled him and Shivam alias Judi held his leg. Sumit was murdered. His dead body was thrown into a river. Shivam alias Judi along with Ganesh Chandra, Vansh, and Deepak had taken the dead body out of the river in the night of 16/11/2024 and buried the dead body in a pit. Two shovels were used to bury the dead body. Shivam alias Judi had hidden a shovel in the bushes and Govinda (applicant) took one shovel with him.