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2012 Supreme(UK) 29

U.C.DHYANI, BARIN GHOSH
KAILASH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Appellant : Mr. S.P.S. Panwar, Sr. Adv., assisted by Mr. H.C. Pathak, Adv.
For the State :Mr. Amit Bhatt, Addl. Govt. Advocate

JUDGMENT

Per: U.C. Dhyani, J

In the instant case, criminal law was set into motion by one Redwa Singh son of Kishan Singh resident of village Datiyana, P.S. Chhapar, District Muzaffar Nagar. Informant Redwa Singh was the unfortunate father of deceased. He lodged an FIR on 23.12.1997 at 6:10 pm in P.S. Jhabrera district Haridwar which was registered as crime no. 131 of 1997 under section 304 B IPC. The incident took place on 17.12.1997.

2. Five accused viz. Kailash, Smt. Bala, Baljor, Sompal and Mithilesh were named in FIR. After investigation of the case, Police submitted charge sheet against all of them for the offence punishable under section 304B IPC. When the trial commenced, charges were framed against all the accused persons for the said offence. Prosecution witnesses were examined before the trial court. Statements of the accused persons were taken under section 313 Cr.P.C. They said that they were falsely implicated in the case. One witness viz. DW 1 Veeram Singh, Advocate was produced in defence. Trial court exonerated accused persons Baljor, Sompal, Smt. Bala and Smt. Mithilesh of the charges framed against them.

3. Accused appellant Kailash (husband) was convicted of the



















































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