SEETA RAM Vs. STATE OF UTTARANCHAL AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttaranchal and others
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(1.) This revision is directed against the judgment and order of acquittal dated 15.06.2004 rendered by Additional Sessions Judge, Haridwar in Sessions Trial No. 25 of 2001.
(2.) Brief facts of the case are that an incident occurred on 28.08.1999 at 05.00 p.m. in village Unchagaon within the territorial jurisdiction of police station Jhabreda, District Haridwar. Accused persons were of upper caste while injured person was of scheduled caste. A dispute between the two was persisting on an agriculture land, which was adjoining to the land allotted to Seeta Ram by the Government. The dispute escalated into quarrel to the extent that Seeta Ram was bitterly beaten by accused persons, even by extending a knife blow. An FIR was lodged, after 13 days of the incident, on 09.09.1999 which culminated into submission of chargesheet against accused persons Ganga and Jasveer (respondents herein). During the course of trial, PW1 Seeta Ram, PW2 Naresh and PW 3 Bhagmal were examined as fact witnesses while PW4 Dr. Ashok was examined as Medical Officer, who proved injury report of Seeta Ram.
(3.) The main ground of acquittal recorded by the trial court is that all these witnesses moved affidavits on 14.09.1999 and 18.09.1999 denying the occurrence of any incident. All these affidavits were filed on record and got proved by DW1 Shiv Charan, Notary, so the trial court passed the order of acquittal holding that all the witnesses were of the same caste and medical report was not produced, in original.;
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