JUDGMENT :

Alok Singh, J.

1. Present appeal is directed against the judgment and order dated 25.05.2016 passed by Additional Sessions Judge, Tehri Garhwal in Session Trial No. 18 of 2015 thereby acquitting the respondents of the charge levelled against them under Section 302,504,506 IPC.

2. Brief facts of the present case are that PW-1 Mohan Das lodged an FIR on 13.03.2015 at 09.15 p.m. with Revenue Police Station Nandi Akri, Tehsil Devprayag, District Tehri Garhwal wherein it was stated that Balram informed the Gram Pradhan Vimla Devi (PW-4) that one Prem Lal is digging a pit for toilet in his field, so you please come to the spot. On the said information, Gram Pradhan Vimla Devi told to his husband Ratan Das to go to the spot with the aforesaid Balram and she will come in a while. On this Balram and Ratan Das, husband of Gram Pradhan Vimla Devi, reached on the spot and they saw Prem Lal dug a pit in the field of Balram. They asked Prem Lal why he dug the pit in the field of Balram. On which, Prem Lal became furious and came out from his house and started abusing them. Meanwhile, Deepak Lal and Rakesh Lal, sons of Prem Lal and Manju Devi, wife of Prem Lal also came there armed with danda and started pelting stones on them and further they gave life threat to Ratan Das; they scuffled with them and started beating them with danda/sticks. In order to save life, Ratan Das ran towards the house of Rajendra Lal; Rakesh Lal, Deepak Lal and Manju Devi chased aforesaid Ratan Das and strangulated him, as a result of which, Ratan Das fell unconscious. Meanwhile, Vimla Devi reached on the spot. She intervened between them and further raised alarm. Thereafter, people including Mohan Das/informant, Kuldeep and other villagers of the village gathered on the place of occurrence. Mohan Das and Balram took Ratan Das to Base Hospital, Srikote where doctor declared him brought dead.

3. On this information, FIR was registered as case crime no. 1 of 2015 as has already been referred above.

4. Since the information of the incident was received in late hours, therefore, the inquest was conducted on the next date i.e. 14.03.2015 at 09.30 a.m. and after the inquest the body was sent for post mortem on 14.03.2015 to the Base Hospital, Srinagar and post mortem was conducted by PW-3 Dr. Dinesh Chauhan on 14.03.2015 at 11.50 p.m. In the aforesaid post mortem report the cause of death is shown to be cardiac arrest caused due to shock.

5. After the investigation the concerned Investigating Officer submitted the charge sheet against accused Deepak Lal, Rakesh Lal, sons of Prem Lal and Manju Devi, wife of Prem Lal under Section 302, 504, 506 IPC. Thereafter, the Magistrate took cognizance into the matter and the matter was committed to the Session Court and charges were framed on 30.11.2015 against the accused namely Deepak Lal, Rakesh Lal, sons of Prem Lal and Manju Devi, wife of Prem Lal under Section 302, 504, 506 IPC.

6. Prosecution in order to prove its case got examined PW-1 Mohan Das complainant, PW-2 Balram, PW-3 Dr. Dinesh Chauhan, PW-4 Vimla Devi Gram Pradhan, PW-5 Kishori Devi mother of Balram, PW-6 HCP Ran Bahadur Singh and PW-7 Kishori Lal Raturi the Investigating Officer.

7. Heard Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand/ appellant and Mr. Devang Dobhal, Advocate for the respondents.

8. Mr. V.K. Gemini, Deputy Advocate General for the State of Uttarakhand argued that the FIR has been lodged promptly and there are eye witnesses of the alleged incident, as such there is no false implication in the matter. He would further submit that the prosecution has proved its case beyond all reasonable doubts by adducing overwhelming evidence against the accused but the learned trial court without appreciating the same acquitted the accused persons only on the basis of minor contradictions in examination of prosecution witnesses. He further prayed on the basis of sufficient material as well as evidence available on record the judgment pass