RAKESH CHANDRA PARDHYANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment dated 18.10.2011 rendered by learned District & Sessions Judge, Champawat in Sessions Trial No.17 of 2010, whereby the accused/appellant was charged with and tried for the offences punishable under Sections 302 and 201 of IPC. He was convicted under Sections 302 & 201 of IPC. The trial court has sentenced the accused/appellant to undergo rigorous imprisonment for life with fine of Rs.10,000/- under Section 302 IPC and in case of default of payment of fine, to undergo rigorous imprisonment for a further period of two years. He was also sentenced to undergo seven years rigorous imprisonment with fine of Rs.5,000/- under Section 201 IPC and in case of default of payment of fine, to undergo rigorous imprisonment for a further period of six months. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that PW-1 Navin Chandra Joshi lodged the first information report on 08.05.2010 to the effect that his nephew Brijesh Joshi was student of B.A.-I. He left his house on 28.04.2010. They searched for him. On 08.05.2010 at about 9.00 p.m. Bhuwan Chandra S/o Devidutt and Suresh Chandra S/o Madhawa Nand told them that in the west side of the village in the field of Prem Ballabh Pardhyani in a small ditch, a part of body was visible and remaining body was buried in the earth and covered with grass and bushes. According to him, it could be the dead body of Brijesh. Thereafter, first information report was registered.

(3.) The dead body was sent for conducting the post mortem examination. Investigation was completed and the Challan was put up after completing all the codal formalities.