Decided on July 26,2013

State of Uttaranchal and another Respondents


- (1.) Informant Smt. Parwati lodged an FIR on 20.02.2004, at 06:15 P.M., against accused Govind Kasniyal and his son alleging therein, among other things, that on 09.02.2004, at 02:00 P.M., accused persons came to her land, assaulted her and her labourers. Informant sustained injury in her left forearm. Accused persons used abusive language to her and threatened that she would be evicted from her land. On 10.02.2004, at 09:00 P.M., accused alongwith his labourers, trespassed into the land of the informant. The informant went to the police station and, in the meantime, the accused dislodged her tin shed and took away the iron angles in his jeep. When informant s daughters stopped the accused from doing so, accused threatened them with dire consequences. The informant was a woman belonging to Scheduled Tribe community.
(2.) After the investigation, a charge-sheet for the offences punishable under Sections 323, 504, 506 of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989, was submitted against the accused and he was summoned to face the trial. Charge for the selfsame offences was framed against him, to which he pleaded not guilty and claimed trial.
(3.) PW1 Parwati Khampa, PW2 Kamla Khampa, PW3 Smt. Jyanti Devi, PW4 Smt. Prema Devi, PW5 Dr. D.S. Panchpal, PW6 Constable Vinod Kumar, PW7 Dy.S.P. A.K. Vaid and PW8 Smt. Pushpa Khampa were examined on behalf of the complainant. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. DW1 S.I. Vijaypal Gautam was examined in defence. After considering the evidence on record, learned Sessions Judge, Pithoragarh, exonerated the accused of the charge levelled against him, giving him benefit of doubt. Aggrieved against the impugned judgment and order dated 10.01.2007, present criminal revision was preferred by the informant / complainant Smt. Parwati Khampa.;

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