DEEPALI KANYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since common questions of law and facts are involved in the above-titled appeals, hence, these are being taken up together and adjudicated by this common judgment.

(2.) These appeals are directed against the judgment dated 11.03.2011, rendered by learned Sessions Judge, Nainital in Sessions Trial No.06 of 2010, whereby the respondent-accused (hereinafter referred to as the accused), who was charged and tried with under Sections 147, 148, 302 and 504 of IPC, was acquitted. Hence the State Government has filed Government Appeal No.41 of 2011 against the judgment dated 11.03.2011 and the wife of the deceased has filed the Criminal Appeal No.77 of 2011.

(3.) The case of the prosecution, in a nutshell, is that an FIR was registered on 208.2009 by Sher Singh Kanwal. According to the contents of the FIR, Sher Singh Kanwal along with his brother-in-law Balwant Singh Kanyal, Rajiv Kumar Walia, Bhupal Singh, Khushal Singh, was taking dinner on 22.08.2009 at 9.30 PM in the Puniyan Restaurant. After some time, Neeraj Tiwari alongwith his 3-4 friends came in that restaurant. They started abusing Balwant Singh Kanyal. Thereafter, a scuffle took place. The police of Kathgodam reached at the spot. Neeraj Tiwari and his companions were taken to police station. Balwant Singh Kanyal was also taken along with them. They took them in a pickup vehicle. When they reached police station between 10:30-11:45 PM, they saw that Balwant Singh was shot at by Neeraj Tiwari on his forehead. Balwant Singh died on the spot. The dead body was taken to Haldwani hospital, where he was declared dead. FIR was registered. The body was sent for postmortem examination. The prosecution has examined as many as 16 witnesses in its support. The statement of the accused was recorded under Sec. 313 of Crimial P.C. He denied the case of the prosecution. The accused was acquitted. Hence, the present appeals.