Decided on May 07,2013

Uma Dutt; Sushila Devi; Mahesh Respondents


- (1.) At the outset, it is pertinent to mention that although the accused/respondents have yet not been served and this is an admitted appeal, even though, we are propensus to go through the merits of the judgment under challenge along with the grounds of appeal. Hence, we have rendered hearing to learned State Counsel and have gone through the judgment and order under appeal with the evidence available on record.
(2.) This appeal, preferred by the State u/s 378 of Cr.P.C., challenges the judgment and order dated 14.7.2008 passed by the Sessions Judge, Tehri Garhwal in S.T. No.5 of 2006, State Vs. Uma Dutt & others, whereby the accused/respondents have been acquitted from the offences punishable under Sections 307/34, 392/34, 504/34, 506/34, 427/34 and 452 of the I.P.C.
(3.) Facts of the case are that complainant Sachidanand Uniyal moved an application under the provisions of Section 156(3) Cr.P.C. with the averments that respondents-accused Uma Dutt and Sushila Devi are his elder brother and sister-inlaw respectively whereas Mahesh is their son. A family partition also took place between them, according to which, a common way leads from the verandah of the accused being used by the complainant and his family since long. The incident alleged therein is of dated 9.6.2004 occurred at about 7 PM, according to which, when the complainant was passing through the said way, the accused Mahesh, by abusing him, enquired the reason of his proceeding from that path. On resisting the same, accused Uma Dutt brought a baton whereas accused Sushila Devi brought a sickle, and with the intention to kill him, caused injuries on his head by the said baton whereas accused Sushila Devi, from the sickle held by her, torn the clothes of complainant and also uttered filthy abuses besides the threat to kill him. On account of said assault, complainant became unconscious on the spot. This incident was witnessed by complainant's wife Yashoda Devi and his son Sanjeev, who raised alarm with the intent to save him. After regaining his senses, he was informed that accused Uma Dutt also entered the house of complainant and committed the theft of gun belonging to complainant and also damaged the same. The complainant got himself medically examined on 10.6.2004 at P.H.C. Pilkhi and on 11.6.2004, he moved the instant application, whereupon the Judicial Magistrate, New Tehri directed the Patwari concerned to enquire into the matter, on the basis whereof, the case was registered on 13.6.2004 at 4 PM at Patwari Chowki Gangi within the territorial jurisdiction of District Tehri Garhwal. PW4 K.C. Ramola, Patwari investigated the matter (In rural hilly areas of State of Uttarakhand, the Patwaris and certain Revenue Officials remain vested with police powers), who, on completion of investigation, submitted chargesheet before the court concerned against the accused-respondents.;

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