SAJJAN KUMAR GOEL Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2013-12-10
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 30,2013

Sajjan Kumar Goel Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) Since Mr. S.S. Chaudhary, Advocate has already been appointed Amicus Curiae in Government Appeal no. 30 of 2010, therefore, he is also appointed Amicus Curiae to defend accused-respondents no. 2 to 8 in Criminal Revision No. 138 of 2004.
(2.) Since the aforesaid criminal revision and Government Appeal have arisen out of the same order, therefore, they are being decided by this common judgment and order for the sake of brevity and convenience.
(3.) An FIR was lodged by PW2 Sajjan Kumar on 28.10.2001, at police station, Kotwali, Rishikesh against 5-6 unknown persons, which was registered as case crime no. 492 of 2001, under Section 364A of IPC. After the investigation, a charge-sheet was submitted against the accused persons, namely, Shiv veer, Shyam veer Singh, Ram Prakash, Viresh Mandal, Smt. Kanti, Pappu Singh and Jaibeer Singh for the offences punishable under Section 364A and 368 of IPC. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, charge under Sections 364A and 368 of IPC were framed against accused persons, to which they pleaded not guilty and claimed trial.;


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