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2017 Supreme(UK) 309

RAJIV SHARMA, SHARAD KUMAR SHARMA
Lalit Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Appellant :Mr. Amish Tiwari, Advocate
For the Respondent:Mr. V.K. Jemini, DY. A.G., Mr. Siddhartha Sah, Advocate

JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted against the judgment and order dated 28.01.2012 rendered by learned Sessions Judge, Udham Singh Nagar in S.T. No.258 of 2008, whereby the respondent Bhoop Singh @ Pinky, who was charged with and tried for the offences punishable under Sections 302 and 201 of I.P.C., was acquitted.

2. Case of the prosecution, in a nutshell, is that the FIR was lodged on 22.5.2008 by PW1 Lalit Kumar, to the effect, that his father was a doctor. On 21.5.2008, at 9:30 A.M., his father, as usual, had gone to his clinic at Kanaura. His father used to return home by 10-10:30 PM. On that day, when his father did not return till 12 midnight, he came at the clinic of is father, which was closed. On making enquiry, it was revealed that his father did not even open the clinic on that day. His father’s motorcycle was found parked on the way leading to Harlalpur Village. Thereafter, the dead body of his father was recovered in a plastic bag.

3. The first information report was accordingly registered. Dead body was sent for the post-mortem examination. The matter was investigated and Challan was put up after completing all the codal formalities.

4. Prosecution has







































































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