RAMESH MISHRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 08.10.2009 passed by learned Sessions Judge, Uttarkashi, in Session Trial No.18 of 2007, State vs. Ramesh Mishra, whereby the Court below convicted the appellant/accused Ramesh Mishra under Section 374 of IPC, and sentenced to undergo six months"? R.I. under Section 374 IPC along with fine of Rs. 50,000/-.

(2.) Facts, in nutshell, are that informant Bharat Bahadur, lodged a report at Police Station Chilyanisaur (Thana-Dharashu), on 16.08.2007 at about 7:30 PM with the averments that on the same day at about 8:00 AM, the accused-Ramesh had came in Chilyanisaur market. At that time he along with Bam Bahadur, Raj Bahadur were drinking tea then contractor-Ramesh Mishra came there and told that his house work is going on and some material were required. When they have denied the demand of contractor, the contractor threatened them. On the pressure of contractor they have gone to do the work of contractor-accused. At the time of doing work at about 3:30 on falling the sand dune Bam Bahadur was died and other persons were escaped at the spot. On the basis of that report was lodged by the informant.

(3.) The I.O. during the course of investigation, inspected the place of occurrence and prepared the site plan; obtained the permission for prosecuting the appellant; and after completion of investigation, submitted the charge-sheet against the appellant u/s 304 and 374 of IPC.