2024 INSC 907
Criminal Appeal No. 1902/2013 Page 1 of 33
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1902 OF 2013
SURESH CHANDRA TIWARI & ANR. …APPELLANT(S)
VERSUS
STATE OF UTTARAKHAND …RESPONDENT(S)
J U D G M E N T
MANOJ MISRA, J.
1. This criminal appeal impugns the judgment and
order of the High Court of Uttarakhand at Nainital1
dated 24.5.2012 passed in Criminal Appeal No. 82 of
2003, whereby the appeal of the appellants against the
judgment and order of the Sessions Judge, Pithoragarh
passed in Session Trial No. 36 of 1997 was partly
allowed and the conviction of the appellants was altered
from Section 302/34 of the Indian Penal Code, 18602 to
1 The High Court 2 IPC
Criminal Appeal No. 1902/2013 Page 2 of 33
Section 304 Part I of IPC, and the sentence, inter alia,
was reduced from imprisonment for life to 7 years R.I3.
FACTUAL MATRIX
2. On 3.2.1997, at about 10 AM, PW-7, a cousin of
the deceased, lodged a first information report4 (Exb. Ka-
2) at PS5 Lohaghat, District Pithoragarh, inter alia,
alleging that on 3.2.1997, at about 9.30 AM, he came to
know that dead body of the deceased was lying in the
verandah of Mohan Singh’s ...