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The conviction of the appellant recorded by the Trial Court under Section 302 IPC is set aside: HIGH COURT OF UTTARAKHAND

There is a reasonable doubt in the case of the prosecution and it is not proper to uphold the conviction of the appellant on the basis of aforesaid evidence. Hence the appeal is allowed was upheld by the HIGH COURT OF UTTARAKHAND AT NAINITAL through the learned bench led by SANJAYA KUMAR MISHRA, A.C.J. and RAMESH CHANDRA KHULBE, J. in the case of Pitamber Thawal Vs. State of Uttarakhand (Criminal Appeal No.188 OF 2013) on 3rd March, 2022.

Brief facts of the case are that the appellant-convict assails his conviction under Section 302 of the Indian Penal Code, 1860 recorded by the learned Sessions Judge, Pithoragarh in State v. Pitamber Thawal, and sentenced him to undergo imprisonment for life along with payment of fine of Rs.5,000/-, and in default of payment of fine, to further undergo simple imprisonment of six months.

The case of the prosecution is that on 2.7.2008 at 6:15 AM, one Prakash Joshi informed about the death of deceased. On receiving this information, S.I. J.C. Tiwari reached the spot and conducted the inquest proceedings and prepared the inquest report. On the same day, he recovered the slippers, pair of shoes and also took up the clothes of accused. After four days, on 5.7.2008, he arrested the accused. The prosecution, in order to prove its case, examined 10 witnesses and led several documents and material objects into evidence.

The first circumstance that has been taken to have been proved by the learned Sessions Judge in this case is that on the fateful night, the deceased and the appellant were the ‘only occupants’ of the house where the dead body was recovered in the morning of 2.7.2008.

the first circumstance that has been taken to have been proved by the learned Sessions Judge in this case is that on the fateful night, the deceased and the appellant were the ‘only occupants’ of the house where the dead body was recovered in the morning of 2.7.2008.

The court observed “we are of the opinion that there is a reasonable doubt in the case of the prosecution and it is not proper or just to uphold the conviction of the appellant on the basis of aforesaid evidence.

The court held that the conviction of the appellant recorded by the Trial Court under Section 302 IPC is set aside. The sentence awarded to the appellant for that offence is also set aside. The appellant is acquitted of the offence. He is on bail. He needs not to surrender. His bail bonds are cancelled and sureties are discharged of their liability.

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Judgment reviewed by – Riya Singh, Legal Intern, Prime Legal

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