SUNIL KUMAR S/O OM PRAKASH Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-10-63
HIGH COURT OF UTTARAKHAND
Decided on October 08,2012

Sunil Kumar S/O Om Prakash Appellant
VERSUS
State of Uttaranchal (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 31.01.2001, passed by Learned Sessions Judge, Pauri Garhwal, in Special Sessions Trial No. 02 of 1997, whereby said court has convicted the accused/appellant Sunil Kumar under section 323, 504 and 506 of I. P. C. He has been further convicted under section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) Heard Learned counsel for the appellant, and Learned counsel for the State, and Learned counsel for the complainant, and perused the lower court record.
(3.) Prosecution story, in brief, is that in the intervening night of 01.08.1995 and 02.08.1995 in Gum Khal Bazar of District Pauri Garhwal grills of two shops were broken. The said fact came to the light at 9.00 a. m. , on 02.08.1995, regarding which report of theft was lodged at the police outpost Gum Khal of Police Station Lansdown. Accused/appellant Sunil Kumar, who was a Constable at the above outpost came to the spot and while interacting with the victims including complainant Shyam Singh (PW2) he started hurling abuses at him (Shyam Singh). He (PW2) also said to have been beaten by accused/appellant Sunil Kumar. It is also alleged that the victim (PW2) was insulted for being a member of Schedule Caste and threatened of dire consequences. Consequently, Shyam Singh (PW2) gave First Information Report (Ex-A3) at Police Station Lansdown, on 02.08.1995 at 16.25 hours, on the basis of which Crime No. 91 of 1995 was registered in respect of offences punishable under section 323, 504 and 506 of I. P. C. , and one punishable under section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation, charge sheet was filed against accused Sunil Kumar (appellant) for his trial in respect of offences punishable under section 323, 504 and 506 of I. P. C, and in respect of offence punishable under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, by the Investigating Officer. ;


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