MAYA RAM AND OTHERS Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Maya Ram And Others
STATE OF UTTARAKHAND
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(1.) Present appeal is directed against judgment and order dated 25.02.2009 passed by Sessions Judge, Uttarkashi in Sessions Trial No. 21 of 2006 whereby appellants were held guilty for the offence punishable under Section 308/34, 325/34 IPC and were sentenced to undergo 3 year rigorous imprisonment each and to pay fine of Rs. 1,000/- each and in default of making payment of fine, to undergo additional rigorous imprisonment of 6 month under Section 308/34 IPC; sentenced to undergo 2 year rigorous imprisonment each and to pay fine of Rs. 1,000/- each and in default of making payment of fine, to undergo additional rigorous imprisonment of 6 month under Section 325/34 IPC.
(2.) As per prosecution story, agricultural field of appellants was next to the agricultural field of PW1 Roop Dei and her husband Chandra Singh (PW2); way to the field of PW1 and PW2 passes through the field of appellants; appellants did fencing on their field stopping the way of PW1 and PW2 to their agricultural field; at about 08.30 a.m. on 15.05.2006, PW1 was going to her agricultural field; the moment she started removing the fencing; appellants started abusing and pelting stones on her; on this PW1 came back to her house and narrated the entire story to PW2; thereafter, PW1 proceeded towards Hanuman Chati Police Chowki to report the matter; on the way to Police Chowki Hanuman Chatti, appellants armed with sticks came on the spot and started assaulting PW1; appellants also threatened that they would kill PW1 and her dead body would be thrown in Yamuna River; in the meantime, Virendra Singh and Kishori Lal came on the spot and saved PW1 from the clutches of appellants.
(3.) After investigation, police submitted charge-sheet against the appellants for the offences punishable under Section 325/34, 308/34, 504, 506 IPC. After committal of the trial, learned Sessions Judge framed charges against the appellants for the offences punishable under Section 325/34, 308/34, 504, 506 IPC. Appellants denied the charges and claimed trial.;
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