PRAKASH SINGH BHANDARI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-12-104
HIGH COURT OF UTTARAKHAND
Decided on December 16,2013

Prakash Singh Bhandari Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) PW4 Vikram Singh wrote a complaint (Ex.Ka-3) at police station Chamba, Tehri on 25.08.2006 at 10:10 PM, which was registered as case crime no.608/2006 under Sections 279, 337, 338 & 427 IPC. The accused was not named in the FIR, but he was implicated in the capacity of driver of Bolero (vehicle) bearing registration no.UA09 5906. The incident allegedly took place on 25.08.2006 at 9:30 PM. The distance between the place of incident and the police station was 2 km, the FIR was lodged after a gap of 40 minutes, and hence, there appears to be no delay in lodging FIR.
(2.) Investigation began on the basis of said first information report. After investigation of the case, a charge-sheet was submitted against the accused-revisionist Prakash Singh Bhandari for the selfsame offences. Statement of the accused was taken. Accused pleaded not guilty to the accusation and claimed trial.
(3.) PW1 Shambhu Ram, PW2 Bhagwan Singh, PW3 Head Constable Shankar Singh Rawat, PW4 Vikram Singh and PW5 Kunwar Singh Bisht were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he said that he was falsely implicated in the case and the witnesses told a lie. No evidence was given in defence.;


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