SHAMSHER SON OF RATAN BAHADUR AND ORS Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-9-145
HIGH COURT OF UTTARAKHAND
Decided on September 07,2012

Shamsher Son Of Ratan Bahadur And Ors Appellant
VERSUS
State of Uttar Pradesh (now State of Uttarakhand) Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 31.03.1999, passed by learned Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 47 of 1998, whereby said court has convicted the accused/appellants Shamsher and Gangu @ Subhash under Section 323/34, 504, 376 of I.P.C. Each one of the accused/appellants has been sentenced to rigorous imprisonment for a period of eight years and directed to pay fine of Rs. 4000/- under Section 376 of I.P.C., rigorous imprisonment for a period of six months under Section 323/34 of I.P.C., and rigorous imprisonment for one year under Section 504 of I.P.C.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 01.01.1998, PW5 Sukhwati had gone to cut the grass in the field, in village Jaitpur Ghosi. It is alleged that accused/appellants Shamsher and Gangu @ Subhash came there and hurled abuses at her and assaulted her. A non-cognizable report was got registered by PW1 Prem Pal (husband of Sukhwati), after two days of incident on 03.01.1998, relating to offences punishable under Section 323, 504 of I.P.C. It appears that later, the offence punishable under Section 376 of I.P.C., was added to the Non Cognizable Report No. 01 of 1998, and investigation was done. Sukhwati was medically examined by PW4 Dr. Vandana Goyal, but no injury was said to have been found on her person. However, after interrogation of the witnesses, PW7 Sub Inspector P.C. Verma submitted charge sheet against the accused/appellants Shamsher and Gangu @ Subhash for their trial in respect of offences punishable under Section 376, 323/34 and 504 of I.P.C.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.