STATE OF UTTARANCHAL Vs. ASHOK KUMAR
LAWS(UTN)-2013-6-71
HIGH COURT OF UTTARAKHAND
Decided on June 19,2013

STATE OF UTTARANCHAL,KRISHAN DEV Appellant
VERSUS
State of Uttaranchal And Ors.,Ashok Kumar and Anr. Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) SINCE all the above criminal cases have arisen out of the same incident, therefore, these are being decided by this common judgment and order for the sake of brevity/convenience. In S.T. No. 14 of 2002, State v. Ramesh Kumar and Hakumat Rai, the accused persons faced the trial for the offences punishable under Section 307 read with Section 34 of IPC and under Section 504 of IPC. After considering the evidence on record, both Ramesh Kumar and Hakumat Rai were exonerated of the charges levelled against them by learned Addl. Sessions Judge/IV FTC, Haridwar, vide order dated 28.09.2004.
(2.) IN S.T. No. 15 of 2002, State v. Ashok Kumar and Krishan Dev, the accused persons faced the trial in respect of offences punishable under Section 323 read with Section 34 of IPC and Section 324 read with Section 34 of IPC. After considering the evidence on record, the learned Addl. Sessions Judge/IV FTC, Haridwar, exonerated the accused persons of the charges levelled against them, vide impugned order dated 28.09.2004. Both the cases, were, infact, cross cases. Both related to police station Pathri, District Haridwar. While the FIR filed against Ramesh Kumar and Hakumat Rai was registered as case crime No. 125 of 1999, the FIR filed against Ashok Kumar and Krishan Dev was registered as case crime No. 125A of 1999.
(3.) IN S.T. No. 14 of 2002, criminal law was set into motion by Krishan Dev. A dispute between Krishan Dev and Ramesh Kumar was going on regarding a piece of land. The dispute was decided by the court. On 28.12.1999, Krishan Dev, his brother Mahesh Chand, brother -in -law Vinod Kumar went to plough their fields. When they were ploughing their fields, according to the FIR filed by Krishan Dev, at 02:00 P.M. (on 28.12.1999), accused persons Ramesh, Hakumat Rai and Loknath came to the field and hurled abuses at Krishan Dev. Ramesh was armed with country made pistol, Hakumat Rai and Loknath were having sticks in their hands. All the accused persons started assaulting Mahesh. Malti exhorted to kill Mahesh. Ramesh fired upon Mahesh with country made pistol with the intention to kill him. Mahesh sustained injuries. Padam Kumar alias Neenu and Vinod intervened and saved the life of Mahesh. The injured Mahesh was taken to Military Hospital, Roorkee, whereupon, he was referred to the higher center at Dehradun for treatment. Kirshan Dev lodged a report of the incident in police station Pathri on 29.12.1999, at 12:30 P.M. After the investigation, a chargesheet was submitted against accused persons Ramesh and Hakumat Rai in respect of offences punishable under Sections 307 and 504 of IPC. A charge against them was also framed in respect of selfsame offences. PW1 Krishan Dev, PW2 Vimal Kumar, PW3 Mahesh Chand (injured), PW4 Padam Kumar, PW5 S.I. Surendra Pal Verma, PW6 Head Constable Rohtash Singh, PW7 S.I. Ram Avtar and PW8 Neenu Chatterji were examined on behalf of the prosecution. The statements of the accused persons under Section 313 of Cr.P.C. were recorded, in which they said that Krishan Dev and Mahesh attempted to illegally trespass into the agricultural land of Ramesh, which was intervened by Ramesh, Hakumat Rai and Deepak. On this, Krishan Dev and Mahesh assaulted Ramesh and Deepak. Krishan Dev also fired upon Ramesh, which inadvertently hit his brother Mahesh, and on the basis of the same, a false FIR was lodged against Ramesh and Hakumat Rai. Hakumat Rai said that since Ramesh was his brother -in -law therefore, he (Hakumat Rai) was falsely implicated in the case.;


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