SHAMSHER SON OF RATAN BAHADUR AND ORS Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
Shamsher Son Of Ratan Bahadur And Ors
State of Uttar Pradesh (now State of Uttarakhand)
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(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.;
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