JUDGMENT

A.K. PATNAIK, J.

1. This is an appeal against the judgment dated 16.04.2007 of the High Court of Uttarakhand in Criminal Appeal No. 1951 of 2001 by way of special leave under Article 136 of the Constitution.

Facts:

2. The facts very briefly are that on 03.07.1986 Smt. Gulachi Devi lodged a First Information Report (for short 'FIR') at the Police outpost at Kotabagh. In this FIR, she alleged that her husband Suresh Chandra was working on the post of Beldar with Kumaun Jal Sansthan and on 03.07.1986 after he had returned to his quarter at about 7.00 p.m. Kishan Ram and Pani Ram came to his quarter which is inside the water works, called Suresh Chandra and took him along with them. She further stated in the FIR that her neighbour Puran Ram told her that he has heard the scream of Suresh Chandra from the side of Chilkiya Temple and she went along with Puran Ram near the Chilkiya Temple and saw that the hands and legs of Suresh Chandra were tied with rope and he was being assaulted by Kishan Ram, Pani Ram, Dev Singh, Har Ram and Chandan Singh with lathis and dandas. She also stated in the FIR that the assailants did not permit them to go near Suresh Chandra and she went running to