RISHI SONKAR Vs. STATE OF UTTARKHAND
LAWS(UTN)-2012-7-27
HIGH COURT OF UTTARAKHAND
Decided on July 25,2012

PAPPU,RAJKUMAR,Rishi Sonkar Appellant
VERSUS
State Of Uttarkhand Respondents

JUDGEMENT

PRAFULLA C.PANT,J. - (1.) ALL these three appeals are directed against judgment and order dated 22.09.2011, passed by Additional Sessions Judge/6th Fast Track Court, Dehradun, in Sessions Trial No. 188 of 2006, whereby said court has convicted accused/appellants Rishi Sonkar, Pappu, Sanjay and Rajkumar under Section 307 read with Section 34 of I.P.C., and sentenced each one of them to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 30,000/-
(2.) HEARD learned counsel for the parties, and perused the lower court record. Prosecution story, in brief, is that on 29.07.2006, at about 8.30 a.m. PW1 Amarnath was in his shop. The accused/appellants Rishi Sonkar, Pappu, Sanjay and Rajkumar armed with deadly weapons like GANDASA (a heavy sharp edged weapon), sword and SARIA (iron rod) came there. Accused/appellant Rishi Sonkar said to have assaulted Amarnath with GANDASA on his hands causing the grievous hurt. He (injured) was immediately taken to Doon Hospital, Dehradun. The First Information Report of the incident was got lodged on the very day by PW-2 Rajendra (brother of the injured) at Police Station Dalanwala. Where on the basis of said report (Ex. A1) Crime No. 226 of 2006 was registered, relating to offences punishable under Section 307, 323, 504 of I.P.C. PW-4 Sub Inspector Mahendra Singh Chauhan investigated the crime. The injuries of the injured were recorded by PW-3 Dr. Alok Tevatiya, who prepared the injury report (Ex. A2) on the very day (i.e. 29.07.2006) at 9.00 a.m. After interrogating the witnesses and inspecting the spot, the Investigation Officer, submitted charge sheet (Ex. A7) against all the four accused/appellants namely Rishi Sonkar, Pappu, Rajkumar and Sanjay for their trial in respect of offences punishable under Section 307, 323, 504 of I.P.C.
(3.) CHIEF Judicial Magistrate, on receipt of the charge sheet, and after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions for trial. Learned Additional Sessions Judge, Fast Track Court, Dehradun, on 16.12.2008, after hearing the parties, framed charge, in respect of offences punishable under Section 307/34 and 323/34 of I.P.C., against all the four accused/appellants namely Rishi Sonkar, Pappu, Rajkumar and Sanjay, to which, accused pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 Amarnath (injured), PW-2 Rajendra (complainant), PW- 3 Dr. Alok Tevatiya (Medical Officer, who recorded injuries in the injury report), PW-4 Sub-Inspector Mahendra Singh Chauhan (who investigated the crime), PW-5 Dr. Guman Singh, Radiologist (who prepared X-Ray report). Oral and documentary evidence was put to the accused under Section 313 of Cr.P.C. In reply to which, they alleged the same to be false. They pleaded that they have been falsely implicated in the case. The court also got examined CW-1 Dr. Nishant Jain. But the defence counsel of the accused/appellants stated that they do not want to cross-examine him, as he was a formal witness. No evidence on defence was adduced. The trial court after hearing the parties found that all the four accused are guilty of charge of offence punishable under Section 307 read with Section 34 of I.P.C., for attempting to commit murder of Amarnath (PW1) with common intention. After hearing on sentence learned trial court sentenced each of them to imprisonment for a period of ten years and directed each of them to pay fine of Rs. 30,000/-;


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