RAMESH S/O LALTA PRASAD AND ORS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-129
HIGH COURT OF UTTARAKHAND
Decided on December 06,2012

Ramesh S/O Lalta Prasad And Ors Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Both these appeals are directed against the judgment and order dated 12.03.2001, passed by Addl. Sessions Judge, Haldwani, District-Nainital in Sessions Trial No. 231 of 1993, whereby said court has convicted each of the accused/appellants Ramesh, Babu and Anil, under Section 324 read with Section 34 of I.P.C.. Each one of them has been sentenced to rigorous imprisonment for a period of two years.
(2.) Heard learned counsel for the parties, and peruse the lower court record.
(3.) Prosecution story in brief is that on 29.12.1991 at about 8:00 A.M., PW2 Nandlal was coming from village Jhankiya, and when he reached near a shop of Shri Ram Gupta on Jhankiya Road, Khatima accused Bhole (absconding) alongwith accused/appellants Babu, Anil and Ramesh came there. Accused Bhole was armed with an axe, rest of the accused were armed with sticks. They surrounded PW2 Nand Lal and assaulted him. The accused had enmity with injured. On hearing noise PW1 Lahari Babu ,PW3 Shyam Lal and some others reached at the spot and saved Nand Lal from getting assaulted. Injured Nand Lal (PW2) was taken to government hospital Khatima from where he was taken to District Hospital, Pilibhit for his medical treatment. First Information Report (Ex.A1) was lodged by PW1 Lahri Baba at police station Khatima on the very day at about 3:15 P.M., against the four accused namely Bhole (absconding), Babu, Anil and Ramesh in respect of offences punishable under Section 304, 324, 323 of I.P.C.. On the basis of said report crime no. 575 of 1991 was registered at police Station Khatima against the aforesaid accused, and PW5 Sub Inspector Ram Surat Gautam conducted investigation. Meanwhile, PW4 DR. A.K. Singh of District Hospital Pilibhit medically examined the injured Nand Lal and recorded injures found on the person is injured in injury report (ExA2) which included two incised wounds one abrasion and two contusions. The investigation officer after interrogating the witnesses, and on completion of investigation submitted the chargesheet (Ex. A7) against the accused Ramesh. Another chargesheet (Ex. A8) was filed against rest of the accused namely Bhole (absconding) Babu and Anil for the their trial in respect of offences punishable under Section 304, 324, 323 of I.P.C.;


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