Decided on October 09,2013

State of Uttaranchal (Now Uttarakhand) Respondents


- (1.) Pw2 Sant Lal wrote a complaint on 02.12.1997 to inspector, P.S.Kotwali Kichha, District Udham Singh Nagar against the accused/appellants, which was registered as Case Crime No. 481 of 97 under Sections 323, 324, 504 and 506 of I.P.C on 02.12.1997. The incident took place on the self same day at 9.35 a.m. After the investigation, charge sheet (Ext. ka- 9) under Sections 323, 324, 506, 307, 504 and 325 of I.P.C was submitted against the accused-appellants. The case was committed to the court of Sessions.
(2.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 307 of I.P.C read with section 34 of I.P.C., was framed against the accused persons, to which they pleaded not guilty and claimed trial. PW1 Satpal, PW 2 Sant Lal, PW 3 Karnail Singh, PW4 Dr. P.D.Pandey, PW5 Dr. R.C.Garg, PW6 Sub Inspector D.C.Tyagi, PW7 Constable Manish Chandra Sharma and PW8 Inspector Raj Bahadur Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused-appellants, in reply to which, they stated that they were falsely implicated in the crime. No evidence was given in defence. After considering the evidence on record, accused persons, namely, Lal Chandra, Keval Krishan and Harish Kumar were convicted of the offence punishable under section 307 of I.P.C read with section 34 of I.P.C. Each one of them was directed to undergo five years' rigorous imprisonment along with fine of Rs. 10,000/-, in default of payment of which, they were required to undergo six months' further rigorous imprisonment, vide impugned judgment and order dated 08.03.2002. It was also directed that if the fine was realized, then injured Satpal was to be given Rs. 4000 x 3 = 12000/- as compensation. Aggrieved against the impugned judgment and order, present criminal appeal was preferred.
(3.) The incident took place on 02.12.1997 at 9.35 am. The distance between the place of the incident and the Police Station concerned was 10 kilometers. The medical examination was conducted on the self same day at 11.05 am. F.I.R was lodged on the same day at 4.15 pm. There is, therefore, no delay in lodging the F.I.R.;

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