Vikas Kathait vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(UK) 317

SANJAYA KUMAR MISHRA, ALOK KUMAR VERMA
Vikas Kathait – Appellant
Versus
State of Uttarakhand – Respondent

Advocates Appeared:
For the Appellant : Mr. Aditya Singh, learned counsel.
For the Respondent:Mr. J.S. Virk, learned Deputy Advocate General.

JUDGMENT :

(Alok Kumar Verma, J.)

1. The present Criminal Appeal has been filed by the appellant against the judgment dated 31.10.2013, passed by the learned 1st Additional Sessions Judge, Rishikesh, District Dehradun in Sessions Trial No.178 of 2006, “State vs. Vikas Kathait”, by which, the appellant has been convicted and sentenced to undergo imprisonment for life along with a fine of Rs.60,000/- for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in short, “IPC”), and, he has been further convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.5,000/- for the offence punishable under Section 201 read with Section 34 IPC.

2. Briefly stated the prosecution case as it emerges from re-appreciation of the evidence on record is that on 04.08.2006, one Shiv Prasad Singh (PW1) informed the Police Chowki I.D.P.L. through telephone no.2454100 that opposite to Gali No.5, nearby the railway track, a dead body of an unknown person is lying, which is in nude condition and headless. On the said information, Sub-Inspector Sheeshpal (PW17) along with Head Constable Dalbir Singh, Constable Vijay Kumar and Co