Laxman Tiwari @ Pankaj Tiwari vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(UK) 642

RITU BAHRI, ALOK KUMAR VERMA
Laxman Tiwari @ Pankaj Tiwari – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Tapan Singh, learned counsel.
For the Respondent: Mr. J.S. Virk, learned DAG, assisted by Mr. R.K. Joshi, learned Brief Holder.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The appellant Laxman Tiwari @ Pankaj Tiwari, has come up in the appeal against the judgment dated 18.04.2014, passed by the 1st Additional Sessions Judge, Rishikesh, whereby the appellant has been convicted under section 302 of IPC, for life imprisonment and a fine of Rs.10,000/-, has been imposed causing a death of Smt. Geeta Shankar, wife of the complainant Sri Mani Shankar.

2. The complaint was lodged on 23.09.2011, at Police Station Rishikesh that on that day at 10:30 AM, he received the message that the fire is set in his house and his wife is burnt, and when he came up in the house his wife was burnt I immediately took her to hospital in THDC ambulance. On the way his wife informed him that the appellant had poured fuel upon her and set fire. After registration of the FIR, the investigation was carried out and charge-sheet was submitted before the Chief Judicial Magistrate, Dehradun, and thereafter the case was referred to the court of Sessions Court on 03.01.2012. On 09.04.2012, the charges under Section 302 of IPC against the appellant Laxman Tiwari @ Pankaj Tiwari, was framed, and the accused denied the charges.

3. The prosecution for prov