HASMAT S/O BOLI AND ORS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-160
HIGH COURT OF UTTARAKHAND
Decided on December 28,2012

Hasmat S/O Boli And Ors Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal, is preferred under Section 374 of Code of Criminal Procedure, 1973 (for Short2 Cr.P.C.), is directed against the judgment and order dated 02-12-2000, passed by 2nd Additional Sessions Judge, Dehradun, in Sessions Trial No. 202 of 1995, whereby said Court has convicted the accused/appellants Hasmat, Masoom Ali, Rasulan and Meena, under Section 308/34 of I.P.C., and sentenced to each one of them to rigorous imprisonment for a period of five years, and directed to pay fine of Rs. . 500/. The trial court further convicted the accused/appellants under Section 504/34 of I.P.C. and each one of them has been sentenced to rigorous imprisonment for a period of six months.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story in brief is that on 22.09.1993 at about 02.30 p.m., PW2 Suresh Chandra Khatri along with his friend PW3 Shyam Lal Sharma was cutting CHURRY (fodder) in their field in village Chota Rampur. At that time accused/appellants Hasmat, Masoom Ali, Rasulan and Meena came there and assaulted PW2 Suresh Chandra and PW3 Shyam Lal Sharma. The two suffered injuries. The four accused/appellants left them in injured condition. First3 information report of the incident was lodged at 5.50 p.m. on the same day i.e. 22.09.1993 by PW1 Rakesh Khatri at police station Sahaspur where the same was registered as crime no. 189 of 1993, relating to offences punishable under Section 324, 323, 504 and 506 of I.P.C. against the four named accused/appellants. The investigation of the case was taken up by PW5 Sub Inspector Lala Ram. The injuries on the person of PW2 Suresh Chandra Khatri and PW3 Shyam Lal Sharma were examined on the very day (22.09.1993) by PW4 Dr. A.S. Rawat at Primary Health Center, Sahaspur, who prepared the injury reports (Ex. A2 and A3). After interrogating the witnesses, and on conclusion of investigation, the Investigating Officer submitted chargesheet (Ex. A8) against all the four accused/appellants for their trial in respect of offences punishable under Section 324, 323, 504 and 506 of I.P.C.;


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