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2012 Supreme(UK) 714

BARIN GHOSH, U.C.DHYANI
Sher Mohammad – Appellant
Versus
State of Uttaranchal – Respondent


Advocates:
Advocate Appeared:
Mrs. Pushpa Joshi, Senior Advocate assisted by Mr. Sourabh Adhikari, Advocate and Mr. Mritunjaya K. Chand, Amicus Curiae for the Appellant.
Mr. V.P. Bahuguna, Brief Holder for the State / Respondent.

JUDGMENT

Per: U.C. Dhyani, J.

In the instant case, the criminal law was set into motion on the complaint of Raees Ahmad s/o Jameel Ahmad alias Kallu r/o Meerut, which (complaint) was addressed to the Inspector In-Charge Kotwali, Mallital, Nainital. According to the informant, he came to know through the newspaper ‘Dainik Jagran’ of 20.09.2001 that the dead body of his brother-in-law Abdul Kareem was found in Mayur Hotel, Nainital. When Raees Ahmad enquired from the wife of Abdul Kareem, she (Naeema) told that Abdul Kareem brought Rs.10,000/– on 09.09.2001. Prior to 09.09.2001, Abdul Kareem took Rs.60,000/– from home and paid the money to Sher Mohammad r/o Meerut. Naeema told that Abdul Kareem was doing the business with Sher Mohammad, who was the resident of the same mohalla (locality) in which Abdul Kareem resided. Abdul Kareem and Sher Mohammad were good friends. On 11.09.2001, Shakeel Ahmad and Nafees saw Abdul Kareem in the company of Sher Mohammad at Sohrab Gate Bus Station. On being enquired, Abdul Kareem said that they were going to Nainital. On coming to know of the death of Abdul Kareem, informant Raees Ahmad along with Merajuddin, Arshad Ali and Wali went to Mayur Hotel a














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