STATE OF UTTARANCHAL (NOW UTTARAKHAND) Vs. HARI RAM S/O KHYALI RAM
HIGH COURT OF UTTARAKHAND
State of Uttaranchal (Now Uttarakhand)
Hari Ram S/O Khyali Ram
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(1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 01.12.2000, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 126 of 1996, whereby said court has acquitted accused Hari Ram from the charge of offence punishable under section 308 IPC.
(2.) Heard learned counsel for the State, learned Amicus Curiae for the accused/respondent and perused the lower court record.
(3.) Prosecution story in brief is that on 23.09.1995, Chandra Prasad was working in his field in village Kargi. At about 9:00 a.m., accused Hari Ram who had enmity with Chandra Prasad came there and assaulted him with PATAL (heavy sharp edged weapon). The blow landed on the head of the Chandra Prasad (injured) who fell down. The incident was witnessed by P.W.4 Vinod (S/o Jayanand). First Information Report (Ex. A1) was scribed by P.W.2 Vinod (S/o injured Chandra Prasad). On the basis of said report given at Reporting Police Outpost Patel Nagar, Crime No. 105 of 1995, was registered relating to offences punishable under section 324, 308, 504, 506 IPC. Investigation was taken up by P.W.5 Prem Prakash Sharma who interrogated the witnesses, got medically examined the injured, inspected the spot, and submitted charge sheet (Ex. A7) against accused Hari Ram for his trial in respect of offences punishable under section 308, 324, 504, 506 IPC.;
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