Reserved Judgment

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Criminal Appeal No. 41 of 2011

Garuav ..…..Appellant.

versus

State of Uttarakhand ……Opposite Party.

………………………..

Mrs. Pushpa Joshi, Senior Advocate assisted by Mr. Amit

Kapri, Advocate for the appellant.

Mr. Amit Bhatt, Additional Government Advocate for the

State / respondent.

JUDGMENT

Coram: Hon’ble Barin Ghosh, C.J.

Hon’ble U.C. Dhyani, J.

Per: U.C. Dhyani, J.

In the instant case, P.W.1 Kamal Gupta

lodged complaint (Ext.Ka-1) against accused

persons on January 12, 2002. The same was

registered as case crime no. 24 / 2002 under

Sections 394, 302, 201 IPC by P.S. Lansdowne,

District Pauri Garhwal on 12.01.2002 at 8:00 a.m.

The occurrence took place on 11.01.2002 at

2

unknown time. The distance between place of

occurrence

and

P.S.

Lansdowne

was

27

kilometres. Hence, there appeared to be no delay

in lodging chik FIR (Ext.Ka-9).

2.

Prosecution story was narrated by P.W.1

Kamal Gupta before the trial court. He said

amongst other things, that he was the Director /

Proprietor of M/s Shiv Dayal