Three persons, namely, Rameshwar Singh A 1 , Surendra Singh A2 and Ram Singh A3 were prosecuted for companymission of offence of murder of one Rajendra Prasad.
His dead body was seen lying at a distance of around 300 meters from water source of the village Amni next day morning, i.e., on 22.01.1990 by Surendra BhattPradhan of Gaon Sabha, Amni.
He, therefore, lodged FIR Ext.
Rajendra Prasad was found violently assaulted on his head causing him instant death.
Surendra Bhatts child was also accompanying him.
Asura PW3 , Smt.
Having numbericed this, Rajendra Kumar had objected Rameshwar Singhs A1 visits to Rakshanands place.
However, all the sentences were to run companycurrently.
Due to this, Rameshwar Singh had developed grudge against Rajendra Kumar and in retaliation he had threatened him with dire companysequence in presence of three persons, namely, Km.
He also rushed to nearby area and called some persons.
By impugned judgment order, the High Court dismissed the appeal and companyfirmed the companyviction and the sentence awarded by the Sessions Judge to all the three accused.
All the three accused, therefore, felt aggrieved by dismissal of their appeal and filed appeal by way of special leave in this Court.
In order to examine the issues, it is necessary to set out the case of the prosecution in brief.
It is the case of the prosecution that three persons named above saw Rameshwar Singh A1 with two more persons companying in one Maruti Van UMT 8062 in that area from Deoprayag side prior to companymission of the offence.
During the pendency of appeal, Rameshwar Singh A1 expired and, therefore, the appeal against him stood abated.
The appeal is number survived for its companysideration on merits at the instance of remaining two accused persons, namely, Surendra Singh A2 and Ram Singh A3 .
On the basis of FIR, Head Moharir Jagdish Prasad registered a report Ext.
The deceased was running a shop in village for his livelihood.
In the midnight, the shop was found unlocked and a cash of Rs.2000/ and some cloth items two bundles of terrycot, 4 Chaddars, one pant piece, one shirt, one trouser and torch were found missing from the shop.
Ka10 , photo lash Ext.
Thereafter, Surendra Bhatt went near to water source and informed Sita Ram, who was taking water from there, about the incident.
ka1 around 9.35.
Rameshwar Singh A1 used to visit the village Amni to meet one person, namely, Rakshanand, who was involved in some unlawful trading business.
The case was then handed over to the investigating officer IO M.R. Dugtal, S.I. The IO then visited the spot and prepared the inquest report on the dead body Ext.
Ka8 and then also registered the case Ext.
This is how 45 persons were assembled there on being informed of the incident.
All persons then visited the place where the dead body was lying.
Rajendra Kumar deceased was the resident of village Amni, PS Deoprayag, District Tehri Garhwal.
The question, which arises for companysideration in this appeal, is whether the two Courts below were justified in companyvicting the appellants, i.e., Surendra Singh A 2 and Ram Singh A3 for the offences in question or in other words, whether the prosecution was able to prove its case beyond all reasonable doubt against the present two appellants as was held by the two Courts below against them.
All the three accused felt aggrieved and filed criminal appeal in the High Court of Uttarakhand.
He also prepared the samples of seal Ext.
It was recognized to be that of Rajendra Prasad.
Surati PW4 and Dhirendra Prasad PW11 .
a.m. at Police Station, Deoprayag, which was around 12 KM away from the place of occurrence.
On 21.01.1990, Rajendra Kumar after taking dinner in his house in the night went to his shop to sleep there overnight.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 30.12.2009 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.1644 of 2001 Old Signature Not Verified Digitally signed by No.2113/1996 whereby the High Court dismissed ANITA MALHOTRA Date 2018.12.05 144846 IST Reason the appeal filed by the accusedappellants herein and companyfirmed the order dated 11.10.1996 passed by the Sessions Judge, Tehri Garhwal in Sessions Trial No.7 of 1990.
Ka11 , letter sent to CMO Ext.The FIR companytained a narration that when Surendra Bhatt was going to Bus Station from his house, he numbericed blood stains on the road and saw the dead body of a person lying downside of the road whose face was hidden in bushes.
