STATE OF UTTARANCHAL (NOW, STATE OF UTTARAKHAND) Vs. SATISH KUMAR & OTHERS
LAWS(UTN)-2013-4-84
HIGH COURT OF UTTARAKHAND
Decided on April 04,2013

State Of Uttaranchal (Now, State Of Uttarakhand) Appellant
VERSUS
Satish Kumar And Others Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 378 of the Code of Criminal Procedure, 1973 (for short CrPC), is directed against the judgment and order dated 31.7.2006, passed by the Additional Sessions Judge/II FTC, Haridwar in Sessions Trial No. 39/1997, whereby the said Court has acquitted the accused/respondents Satish Kumar, Anil Kumar (S/o Tejpal), Mahendra and Anil Kumar (S/o Vedpal) from the charge of offences punishable under Section 429/436 IPC and one punishable under Section 3(2)(iv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) Heard learned Counsel for the parties and perused the lower court record.
(3.) Prosecution story, in brief, is that in the weehours of 27th of December 1993, accused/respondents Satish Kumar, Anil Kumar (S/o Tejpal), Mahendra and Anil Kumar (S/o Vedpal) set the hut on fire, which belonged to PW4 Baru, PW8 Kantu and one Kaliram, in which two oxen and a she buffalo died, while another buffalo suffered burn injuries. FIR (Ex. A-1) of the incident was lodged on the very day (27.12.1993) at about 1.15 pm against the aforenamed four accused persons at PS Laksar. On the basis of said report, Crime No. 247/1993, relating to offences punishable under Section 436, 429, 427 IPC and one punishable under Section 3(2)(iv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was registered against the four accused. Investigation of the case was taken up by PW10 Sub Inspector Yashveer Singh. He interrogated the witnesses and inspected the spot. Dead bodies of three animals, who died in the incident, were sent for autopsy. PW9 Dr. SRS Bali, Livestock Officer, conducted postmortem examination on the dead bodies of two oxen and one she buffalo on 27.12.1993 and prepared the autopsy reports Ex. A-2, A-3 and A-4. On completion of investigation, the Investigating Officer submitted chargesheet (Ex. A-8) against all the four accused, namely, Satish Kumar, Anil Kumar (S/o Tejpal), Mahendra and Anil Kumar (S/o Vedpal), for their trial in respect of the offences punishable under Section 436, 429, 427 IPC and one punishable under Section 3(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.;


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