UMMED SINGH S/O AMAR SINGH AND ORS Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-9-199
HIGH COURT OF UTTARAKHAND
Decided on September 26,2012

Ummed Singh S/O Amar Singh And Ors Appellant
VERSUS
State of Uttar Pradesh (now State of Uttarakhand) Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 08.03.2000, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 37 of 1997, whereby said court has convicted accused/appellant Ummed Singh under section 323 IPC, and sentenced him to rigorous imprisonment for a period of six months and directed to pay fine of Rs. 5,00/- only.
(2.) Heard learned Amicus Curiae for the appellant, learned counsel for the State and perused the lower court record.
(3.) Prosecution story in brief is that on 31.12.1994, P.W.2 Padam Singh had gone to market of Takoli. When he was coming back for his home, at about 6:00 p.m., near Padaligad rivulet, accused/appellant Ummed Singh alongwith co-accused Soban Singh met him. It is alleged that accused Ummed Singh assaulted P.W.2 Padam Singh with LATHI and stone whereafter the injured (Padam Singh) fell down and got unconscious. On the next day morning (01.01.1995) at about 6:00 a.m., he was seen lying in injured condition by P.W.4 Yashwant Lal who shouted and informed P.W.1 Pushkar Singh (son of the injured). On this, P.W.1 Padam Singh went to the spot, took his injured father Padam Singh to Base Hospital, Srinagar (District Pauri Garhwal), and got him admitted. Only thereafter on 02.01.1995, first information report (Ex. A3) was given to Patwari of the area Bagarwaldhar who registered the crime no. 1 of 1995, relating to offences punishable under section 307, 325 IPC, against accused Ummed Singh, and co accused Soban Singh and started investigation. The Investigating Officer interrogated the witnesses, inspected the spot, took the injury report from the hospital and filed charge sheet against accused/appellant Ummed Singh and coaccused Soban Singh (since acquitted) for their trial in respect of the offences punishable under section 307/325 IPC.;


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