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HIGH COURT OF UTTARAKHAND
Lok Pal Singh, Sharad Kumar Sharma, JJ
Dilbag Singh alias Bagha – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. conviction based on eyewitness testimony and evidence. (Para 2 , 3) |
| 2. evidence presented sufficiently establishes the facts of the case. (Para 4 , 5 , 6) |
| 3. postmortem corroborates eyewitness accounts. (Para 10 , 11 , 17 , 18) |
| 4. motive is less critical with direct evidence. (Para 14 , 15 , 16) |
| 5. appeal is dismissed upholding the conviction. (Para 19 , 20) |
[Per Hon’ble Lok Pal Singh, J.]
2) Prosecution story in brief is that complainant Smt. Usha Kaur w/o Tara Singh lodged a complaint with P.S. Khatima, District Udham Singh Nagar on 21.08.2017, stating therein, that accused had enmity with her husband due to some property dispute owing to consolidation proceedings and he often used to ask them to leave the field and construct their house on their own plot. It is further stated in the complaint that on 21.08.2007, at 08:30 P.M., when her husband was returning from the house of Prem Nath and was going towards the house of Shiv Kumar, on the kuccha pathway, accused Dilbag Singh, his wife Rani Kaur and son Gursewak, armed with lathi, danda and kanta (a sharp edged weapon) assaulted her husband. Accused Dilbag Singh severed the neck of complainant’s husband on right side
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