NAINITAL, India, March 26 -- Uttarakhand High Court issued the following judgment/order on Feb. 25:

1. Applicant - Smt. Renu is in judicial custody for the offence punishable under Section 103(1) read with Section 3(5), Section 61(2) and Section 238 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.575 of 2024, registered at Police Station Rudrapur, District Udham Singh Nagar.

2. As per the respondent-State, Sumit, aged about 24 years, the husband of the informant Smt. Renu (applicant), was missing since 14.11.2024. A report was registered on 21.11.2024 under Section 140(3) of the Bharatiya Nyaya Sanhita, 2023 against unknown person. On the same day, i.e. 21.11.2024, an application was given by one Raju, the father of Sumit, to the police alleging that Sumit's wife has an illicit relationship with Ganesh (co-accused). On 21.11.2024, the police arrested three co-accused Ganesh, Vansh and Deepak Kohli on a secret information. They confessed before the police that they committed murder of Sumit along with Shivam alias Judi (co-accused), Govinda (co-accused) and Renu (applicant). On 22.11.2024, the police recovered the dead body of Sumit from a pit based on the information provided by Ganesh Chandra, Vansh and Deepak Kohli. The inquest proceedings and the post-mortem examination of the dead body were conducted on 22.11.2024. According to the post-mortem report, the cause of death was asphyxia due to anti-mortem strangulation.

The viscera was preserved.

3. The co-accused - Shivam alias Judi was arrested on 23.11.2024. He told the police that Ganesh Chandra, the co-accused, and Sumit's wife-Smt. Renu (applicant) were in love relationship. Sumit had knowledge of this fact. Therefore, he used to beat her. He further told the police that Sumit was called in the night of 14.11.2024. He was given liquor. He got drunk, then Ganesh Chandra hit him on his head with a beer bottle. Govinda (co-accused) and Deepak (co-accused) strangled him and he (co-accused Shivam alias Judi) held his leg. Sumit was murdered. His dead body was thrown into a river. He along with Ganesh Chandra, Vansh, Govinda and Deepak had taken the dead body out of the river in the night of 16.11.2024 and buried the dead body in a pit. He further told the police that two shovels were used to bury the dead body. He had hidden a shovel in the bushes and Govinda (coaccused) took one shovel with him. The police recovered a shovel at the behest of the co-accused Shivam alias Judi.

4. The applicant was arrested on 22.11.2024. She had given a statement to the police that she wanted to marry Ganesh. Sumit used to beat her after taking alcohol. A plan was prepared to murder Sumit and he was murdered as per that plan.

5. Heard Mr. Amit Satywali, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent.

6. Mr. Amit Satyawali, Advocate, has contended that the applicant has been falsely implicated in the present matter. She had lodged a missing report of her husband. Police have wrongly recorded the statement of the applicant. Applicant had not given the said statement to the police. The allegations made by the father of the deceased are baseless. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Co-accused Shivam alias Judi, co-accused Govind Singh alias Govinda and coaccused Deepak Kohli have already been granted regular bail by this Court. Applicant is a permanent resident of District Udham Singh Nagar, and, she is in custody since 22.11.2024.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvwDO8fkrer8fz%2BvCKgJ2HHYr2%2FgQOQMzHAfU1jq8NTeR&caseno=BA1/276/2026&cCode=1&cino=UKHC010026602026&state_code=15&appFlag=)

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