LAXMI PRASAD S/O HARIRAM; KIRTI SINGH S/O GANGA SINGH Vs. STATE OF U P (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-10-66
HIGH COURT OF UTTARAKHAND
Decided on October 09,2012

Laxmi Prasad S/O Hariram; Kirti Singh S/O Ganga Singh Appellant
VERSUS
State Of U P (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 30.09.1999, passed by Learned Sessions Judge, Uttarkashi, in Sessions Trial No. 21 of 1996, whereby said court has convicted the accused/appellants Laxmi Prasad and Kirti Singh, under section 308 of I. P. C. Each one of them has been sentenced to fine of Rs 1,500/-. In default of payment of fine the defaulter is directed to undergo rigorous imprisonment for a period of six months.
(2.) Heard learned counsel for the appellants, and learned counsel for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 14.05.1995, at about 8.30 p. m. at Khundeli in Village Bonga, Police Station Kotwali, Uttarkashi, accused/appellants Laxmi Prasad and Kirti Singh assaulted Ganga Ram with such intention and under such circumstances that if by that act they had caused the death of said Ganga Ram they would have been guilty of culpable homicide not amounting to murder. The First Information Report (Ex-A1) was lodged by Ganga Ram (PW1), on the basis of which crime no. 47 of 1995, was registered at Police Station Kotwali Uttarkashi, against the two accused. Investigation was taken up by Sub Inspector Deepak Malik (PW6). After investigation, charge sheet was filed against the two accused/appellants namely Laxmi Prasad and Kirti Singh, for their trial in respect of offence punishable under section 308 of I. P. C. ;


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