Gopal Lal Sah And Others vs State Of Uttarakhand on 3 August, 2026

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    Uttarakhand High Court

    Gopal Lal Sah And Others vs State Of Uttarakhand on 3 August, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

                                                         UKHC010032672015
    
    
    
                                                                2026:UHC:6754-DB
    
    
      IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Criminal Appeal No. 111 of 2015
    
    Gopal Lal Sah and Others                                 ...... Appellants
    
                                        Vs.
    
    State of Uttarakhand                                     ..... Respondent
    
    Present:
    Mr. R.P. Nautiyal, Senior Advocate assisted by Ms. Mamta Bisht, Advocate for
    the appellants.
    Mr. J.S. Virk, A.A.G. for the State.
    
    Coram:        Hon'ble Ravindra Maithani, J.
                  Hon'ble Siddhartha Sah, J.
    
                                 JUDGMENT
    

    Hon’ble Ravindra Maithani, J. (Oral)

    The instant appeal has been preferred against

    SPONSORED

    judgment and order dated 18.03.2015/21.03.2015, passed in

    Sessions Trial No.07 of 2014, State Vs. Gopal Lal Sah and Others,

    by the court of Sessions Judge, Bageshwar. By it, the appellants

    have been convicted under Section 302 read with 34 IPC and

    sentenced to undergo imprisonment of life with a fine of Rs.

    5,000/- each under Section 302 IPC. In default of payment of fine,

    the appellants shall undergo simple imprisonment for a period of

    six months.

    2. Heard learned counsel for the parties and perused

    the record.

    3. The prosecution case, briefly stated, is as follows.

    The deceased Darban Singh had gone to attend a marriage in

    village Jalekh on 11.02.2014. He did not return on that date. Next

    day, his dead body was found in a rocky valley. It was almost dark
    2

    when the dead body was recovered from the forest. Therefore, on

    13.02.2014, the inquest of the deceased was prepared by PW4,

    S.I. Mohan Chandra Joshi, which is Ex. A-2. The witnesses to the

    inquest had opined that the deceased died due to fall from the

    hills. On 13.02.2014 itself, the post mortem of the deceased was

    conducted by PW5, Dr. N.S. Toliya, and the following injuries were

    noted on the person of the deceased:-

                   i)      "Lacerated wound 1x6x3 cm, left side
                           forehead along its length bone deep brain
                           matter     coming   out   and   clotted   blood
                           present;
                   ii)     Lacerated wound of diameter 1x5 cm left
    

    side lower lip along its length clotted blood
    present;

                   iii)    Multiple injury bilateral legs to ankle joint
                           & upper chest to neck region; and
                   iv)     Abrasion 2x1 cm. Rt. Knee joint, 2x1 cm.
                           Left Knee joint and 2x1 cm. Rt. Side of
                           back region."
    
    

    As per PW5, Dr. N.S. Toliya, the cause of death was due to ante

    mortem head injuries, due to RTA. During the course of

    arguments, learned counsel for the parties submit that RTA

    stands for Road Traffic Accident. It so happened that after about 8

    days, on 20.02.2014, PW2, Khasti Devi, the wife of the deceased,

    lodged an FIR, at Police Station Kapkot, District Bageshwar.

    According to the FIR, on 11.02.2014, at 11:00 a.m., the deceased

    had gone to attend the marriage of the daughter of Mohan Singh

    in village Jalekh. He did not return on that date. Next day, she

    enquired from Ravi Gariya, who was the tent house owner in the

    marriage. He told PW2, Khasti Devi, the informant, that at 8:00

    p.m., the deceased had left the wedding venue. PW2, Khasti Devi,

    enquired from various persons about the whereabouts of her
    3

    husband, the deceased, but she could not locate him.

    Subsequently, she came to know that the dead body of the

    deceased was lying somewhere in the forest. Police was informed.

    The FIR records that subsequently, it was revealed that on the

    date of incident, in the wedding, at about 8:30 p.m., the relatives

    of Mohan Singh did marpeet with the deceased, which was

    witnessed by Basanti Devi, daughter of Hayat Singh, Dhan Singh,

    son of Aan Singh, Nandi Devi, daughter of Veer Singh, Ravi

    Gariya, son of Kushal Singh, Pradeep Singh and Kushal Singh,

    etc. A suspicion was raised that the relatives of Mohan Singh had

    killed the deceased. The FIR is Ex. A-1, based on which chik FIR

    Ex. A-8 was recorded and Case Crime No.8 of 2014, under Section

    302 IPC was lodged at Police Station Kapkot, District Bageshwar.

    The extract of General Diary is Ex.A-9.

    4. The Investigating Officer took into custody a chair

    on which, on the date of wedding, the deceased was seated. The

    recovery memo is Ex.A-10. Site plan, Ex.A-11 was prepared. In

    fact, from the rocky hills, from where the dead body of the

    deceased was recovered, the chappal of the deceased was also

    recovered by the Investigating Officer on 22.02.2014, of which the

    recovery memo is Ex. A-12 was prepared. The Investigating Officer

    also took into custody the plain and blood stained soil from the

    place of incident where the dead body was found, and prepared its

    recovery memo, which is Ex. A-13. Another site plan of the rock,

    where the dead body was found, was also prepared by the

    Investigating Officer, which is Ex. A-14. The articles were sent for

    forensic examination. The forensic examination reports are Ex. A-

    19 and Ex. A-20, according to which, the blood stained and plain

    soil were from the same place, but the blood was not detected
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    either on the chair or on the blood stained stones, which were

    sent for forensic examination.

    5. After investigation, chargesheet was submitted

    against the appellants under Sections 302 and 201 IPC. Initially,

    charges were framed against the appellants on 22.07.2014 under

    Sections 302 and 201 IPC, but, subsequently, on 18.02.2015, the

    amended charges were framed under Section 302 read with

    Sections 34 and 201 IPC against the appellants, to which they

    denied and claimed trial.

    6. In order to prove its case, the prosecution

    examined as many as seven witnesses, namely, PW1, Neema

    Gariya, PW2, Khasti Devi, the informant, PW3, Ramesh Chander

    Singh, PW4, S.I. Mohan Chander Joshi, PW5, Dr. N.S. Toliya,

    PW6, Constable Tara Datt Kapri and PW7, S.I. Satya Prakash.

    7. The appellants were examined under Sections 313

    of the Code of Criminal Procedure, 1973 (“the Code”). According to

    them, they have been falsely implicated. They did not commit any

    offence.

    8. In their defence, the appellants did not adduce any

    evidence.

    9. After hearing the parties, by the impugned

    judgment and order, the appellants have been convicted under

    Section 302 read with 34 IPC and sentenced as stated

    hereinbefore.

    10. Learned Senior Counsel appearing for the

    appellants submits that it is a no evidence case; the FIR is delayed

    by about 9 days; there is no explanation to it; the persons, who

    are named as the witnesses, in whose presence, according to the
    5

    FIR, the deceased was beaten up by the relatives of Mohan Singh,

    have not been examined at the trial; the statement of PW1, Neema

    Gariya, who is produced as an eye-witness of marpeet with the

    deceased by the appellants is not reliable, as she is not named in

    the FIR; the inquest was prepared on 13.02.2014, and it was

    witnessed by many persons, including Gopal Singh, who is the

    scribe of the FIR. At that time, no doubt was raised that the

    appellants, or any of them, had committed marpeet with the

    deceased. It is argued that at the most, if the statement of PW1,

    Neema Gariya, is believed, even it does not suggest as to how the

    dead body of the deceased was found below the rocks? Who took

    the dead body at that place? Because, the statement of PW1,

    Neema Gariya, is to the extent of marpeet simpliciter, which, by no

    stretch of imagination, could take the case under Section 302 IPC.

    11. Learned Senior Counsel appearing for the

    appellants also submits that according to PW1, Neema Gariya,

    with the burnt and split wood, the deceased was hit by the

    appellants, but there was no burn injury on the deceased, as

    stated by PW5, Dr. N.S. Toliya. It is argued that, in fact, according

    to PW2, Khasti Devi, the informant, was told by Ravi Gariya, the

    tent house owner, that on the date of incident, the deceased had

    left the wedding venue at about 8:00 p.m. It is argued that it

    belies the prosecution case, and the appellants deserve to be

    acquitted of the charge framed against them, but the court below

    has committed an error in convicting and sentencing the

    appellants.

    12. Learned State Counsel submits that PW1, Neema

    Gariya, is the relative of the appellants; she is a villager and a

    natural witness; she has stated about the incident that it is the
    6

    appellants, who hit the deceased and beaten him up in the

    marriage, as the deceased had molested their sister.

    13. Learned State Counsel also submits that the FIR

    was given by the PW2, Khasti Devi, the informant, on 17.02.2014,

    but it was lodged on 20.02.2014.

    14. The Court wanted to know from learned State

    Counsel as to whether there is any record to that extent that PW2,

    Khasti Devi, had given the report to the police station on

    17.02.2014? He submits that in the FIR, the date is 17.02.2014,

    and in her statement also, PW2, Khasti Devi, has stated so.

    15. Before arguments are appreciated, it would be apt

    to examine as to what the witnesses have stated.

    16. PW1, Neema Gariya, is the relative of the

    appellants as well as Mohan Singh, whose daughter was to marry

    on 11.02.2014. According to her, the marriage was a day

    marriage, and the baraat had returned at 7:30 p.m.; she was

    cooking her meals. There was enough light when her aunt,

    Bhawani Devi had visited her. Suddenly, the appellant Bishan Lal

    Sah hit the deceased with a burnt split wood. She took the

    appellant Bishan Lal Sah inside the house, where the appellant

    Bishan Lal Sah told them that the deceased had molested their

    sister, and all the appellants, thereafter, attacked the deceased

    with charred and split wood. In that process, one Dhan Singh also

    hit the deceased on his leg, due to which the deceased fell down.

    He was not in a position of walking. He was calling his wife by her

    name, who was not present there. According to PW1, Neema

    Gariya, thereafter, she locked the appellant Bishan Lal Sah in a

    room. Insofar as the incident is concerned, she is the sole witness.
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    17. PW2, Khasti Devi, is the informant, who is the wife

    of the deceased. According to her, on 11.02.2014, the deceased

    had gone to attend a marriage. He did not return. She enquired

    about it. Subsequently, the dead body of the deceased was found.

    She informed the police as to what had happened. Subsequently,

    she lodged the FIR. She has also stated that she is afraid of the

    appellants, as they had extended threats to her.

    18. PW3, Ramesh Chander Singh, is the witness of

    inquest. He has stated that he signed the inquest documents.

    19. PW4, S.I. Mohan Chandra Joshi, had conducted

    the inquest of the deceased, which was done on 13.02.2014. He

    has proved the inquest report, Ex. A-2, and other documents

    leading to the post mortem of the dead body. In his cross

    examination, he tells that it was informed to the police that a

    person has died by falling on the rocks while walking on the

    pathway.

    20. PW5, Dr. N.S. Toliya, has conducted the post

    mortem of the deceased. The injuries detected by him have

    already been noted hereinbefore. He has proved the post mortem

    report as Ex. A-7. According to him, the cause of death was

    haemorrhage due to ante mortem head injuries due to RTA.

    21. PW6, Constable Tara Datt Kapri, has recorded

    chik FIR and made its entry in the General Diary of the Police

    Station Kapkot. He has proved those documents.

    22. PW7, S.I. Satya Prakash, is the Investigating

    Officer. He had taken into custody the chair, which had blood

    stains, and prepared its recovery memo, Ex. A-10. He also

    prepared the site plan, Ex. A-11, where allegedly the marpeet took

    place. He had also taken into custody the chappal of the deceased
    8

    from near the place where the dead body was recovered, and

    prepared its recovery memo, which is Ex. A-12. He also had taken

    the blood stained soil and plain soil and prepared its recovery

    memo, which is Ex. A-13. This witness arrested the appellants

    and also sent the articles for forensic examination. He has proved

    those articles as well. After conducting investigation, the charge

    sheet was submitted by PW 7 SI Satya Prakash.

    23. The FIR, in fact, is delayed in the instant case. The

    dead body was recovered on 12.02.2014, and on 13.02.2014, the

    inquest was also prepared. At that time also, nobody had told that

    the deceased was beaten up in the wedding and that it is the

    appellants, who killed him. Even no suspicion was raised.

    24. PW2, Khasti Devi, is the informant. In the FIR, she

    records that some named persons, namely, Basanti Devi,

    daughter of Hayat Singh, Dhan Singh, son of Aan Singh, Nandi

    Devi, daughter of Veer Singh, Ravi Gariya, son of Kushal Singh,

    Pradeep Singh and Kushal Singh, etc. told her that the relatives of

    Mohan Singh had beaten up the deceased in the wedding. But the

    named witnesses or any of them have not been examined by the

    prosecution. Instead, PW1, Neema Gariya, has been examined.

    She is not named in the FIR as the person, who had witnessed the

    incident of beating the deceased by the relatives of Mohan Singh,

    whose daughter was to marry on that date. PW2, Khasti Devi, has

    stated that she received the information of marpeet on

    17.02.2014, and, thereafter, she lodged the FIR.

    25. The question is – if PW1, Neema Gariya, or named

    persons had seen the marpeet with the deceased on 11.02.2014,

    at the wedding, why was it not immediately informed to PW2,

    Khasti Devi, or to the police? Why was it so delayed? As such, no
    9

    satisfactory explanation has been offered by the prosecution with

    regard to the delay in lodging of the FIR. It somehow creates doubt

    in the prosecution story.

    26. As stated, the sole witness of marpeet with the

    deceased on 11.02.2014 in the house of Mohan Singh is PW1,

    Neema Gariya. According to her, the appellants were under the

    impression that the deceased had inappropriately touched their

    sister. Therefore, he was beaten up. He was beaten up with a

    charred and split wood. But, the dead body was not found in the

    wedding venue. It was found in the rocky valley in the forest at a

    distance from the wedding venue. Who took the deceased from the

    wedding venue to the place where the dead body was found?

    There is no evidence forthcoming. Had the appellants taken the

    deceased from the wedding venue and threw him away? There is

    no case suggested by the prosecution. The statement of PW1,

    Neema Gariya, requires a little deeper scrutiny. She was

    confronted with her statement recorded under Section 161 of the

    Code. In page 4, 4th paragraph of her statement, she tells to the

    court that she had not told it to the Investigating Officer that she

    had locked all the appellants and Dhan Singh inside the room. In

    the next paragraph, she has also stated that she did not tell it to

    the Investigating Officer that after half an hour, she saw that the

    deceased was not in the courtyard, and then she opened the door,

    but, PW7, S.I. Satya Prakash, in page 6 of his statement, in the

    top paragraph, stated that PW1, Neema Gariya, had told it to him

    that she had locked Dhan Singh and all the appellants in a room,

    and after half an hour, when she saw that the deceased was not

    there, she opened the door. It further doubts the prosecution case.

    If the appellants and Dhan Singh were locked in the room after
    10

    marpeet, as alleged by PW1, Neema Gariya, and after half an

    hour, PW1, Neema Gariya, had noticed that the deceased was not

    there in the courtyard and thereafter she opened the door, then

    how could the prosecution connect the appellants with the killing

    of the deceased? This has not even been suggested by the

    prosecution.

    27. PW2, Khasti Devi, has further stated that, in fact,

    she had questioned Ravi Gariya as to where the deceased is? At

    it, Ravi Gariya had replied that the deceased had returned from

    Jalekh after marriage. It also doubts the prosecution case, insofar

    as the killing of the deceased by the appellants is concerned.

    28. The only evidence, which has been suggested by

    the prosecution is that on 11.02.2014, in the evening, the

    appellants did some marpeet with the deceased. The statement of

    PW1, Neema Gariya, about bearing by the appellants is also not

    corroborated by any other evidence. In fact, she had contradiction

    in her statement given during investigation and during trial, as

    noted hereinbefore. The alleged beating by the appellants is not

    connected with the killing of the deceased. The prosecution has

    even not suggested as to how the deceased reached from the

    wedding venue to the place where he was found dead. At the cost

    of repetition, it may be stated that as per PW2, Khasti Devi, she

    was told by Ravi Garia that the deceased had left the wedding

    venue on his own at 8:00 p.m.

    29. In view of the foregoing discussion, this Court is of

    the view that the prosecution has utterly failed to prove its case

    beyond reasonable doubt. The court below has committed an error

    in convicting and sentencing the appellants under Section 302

    read with 34 IPC. Accordingly, the appellants deserve to be
    11

    acquitted of the charge levelled against them and the appeal

    deserves to be allowed.

    30. The appeal is allowed. The impugned judgment

    and order dated 18.03.2015/21.03.2015 passed in Sessions Trial

    No. 07 of 2014, State v. Gopal Lal Sah and others is set aside. The

    appellants are acquitted of the charge levelled against them.

    31. The appellants are on bail. The appellants need

    not surrender. Their bail bonds are cancelled and the sureties are

    discharged of their liabilities.

    32. The appellants shall furnish a personal bond and

    two reliable sureties, each of the like amount, by each one of

    them, to the satisfaction of the court concerned under Section 437

    A of the Code within a period of one month from today.

    33. Let a copy of this judgment and order along with

    the lower court record by forwarded to the court concerned.

    (Siddhartha Sah, J.) (Ravindra Maithani, J.)
    03.08.2026

    Ravi Bisht



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