Decided on September 05,2012

Pratipal And Others Appellant
State of U.P. (now State of Uttarakhand) Respondents


Prafulla C. Pant, J. - (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 21.08.2000, passed by IIIrd Additional Sessions Judge, Hardwar, in Sessions Trial No. 95 of 1996, whereby said court has convicted the accused/appellant no.12 Pratipal under section 326 of I.P.C., and sentenced him to rigorous imprisonment for a period of four years and directed to pay fine of Rs. 500/-. Accused/appellant no.2 Salekh Chand has been convicted by the same judgment under section 326 read with section 34 of I.P.C, and sentenced to rigorous imprisonment for a period of four years and directed to pay fine of Rs. 500/-.
(2.) Heard learned counsel for the parties. (The lower court record of this old appeal was available till the last date fixed for hearing, but after the case was adjourned at the request of the counsel for appellants before lunch break, it was reported at 4.00 p.m. that during lunch hours the lower court record of this appeal has been picked up by someone from the court room. On this, the Court directed that immediately record to be reconstructed with the help of the copies of paper books available with the Government Advocate and counsel for the appellants. And from the reconstructed record, photo copies of the statements of the witnesses and other papers were read out by the counsel for the parties.
(3.) Prosecution story, in brief, is that on 20.12.1993, at about 13.00 hours PW1 Anil Kumar gave a report at Police Station Ranipur, stating that when his uncle Dev Raj (PW2) was irrigating his field in village Garh Meerpur, accused/appellant no.1 Pratipal armed with a spade alongwith accused/appellant no.2 Salekh Chand came there and accused/appellant no.1 Pratipal assaulted Dev Raj (PW2) with a spade on his head, who suffered injuries. It was also mentioned in the report given to the police that the incident took place at 8.30 a.m. on that day. It is also mentioned that the injured was taken to government hospital for treatment. It appears that initially said report was registered as non cognizable report no. 160 of 1993, by the police but after receiving the injury report which disclosed grievous hurt on the head of the injured, the case was converted relating to offence punishable under section 307 of I.P.C., and investigated upon. After investigation, PW5 Sub Inspector Allah Baksh Saifi, who investigated the crime, submitted charge sheet against the accused/appellants Pratipal and Salekh Chand, for their trial in respect of offences punishable under section 307, 323 and 324 of I.P.C.;

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