Decided on December 31,2013



- (1.) PW 3 Diwan Singh Mehra wrote a complaint (Ext. Ka-1) to SO Barinag, District Pithoragarh on 28.08.2002 against Chander Singh. The first information report was registered on the selfsame day as Case Crime No. 96 of 2002 under Sections 323 and 504 IPC. After the investigation, charge-sheet was filed against the accused. Charge under Sections 326 and 504 IPC was framed against him, to which he pleaded not guilty and claimed trial. PW 1 Khushal Singh, PW 2 Bhagwat Singh, PW 3 Diwan Singh, PW 4 Dr. N.K.Mishra, PW 5 Dr. J.C.Durgapal and PW 6 Constable Vinod Kumar 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 the prosecution witnesses were telling a lie. No evidence was given in defence.
(2.) After considering the evidence on record, learned Judicial Magistrate, 1st Class, Didihat acquitted accused of the charges levelled against him. In other words, he was exonerated of the charges under Sections 326 and 504 IPC. Instead, he was convicted under Section 337 and 338 IPC. He was sentenced to undergo three months simple imprisonment along with fine of Rs. 200/-. While convicting him under Section 328 IPC, he was directed to undergo simple imprisonment for one year along with fine of Rs. 800/-, vide judgment and order dated 05.08.2005. Aggrieved against the same, a criminal appeal was preferred by the convict, which appeal was dismissed vide order dated 16.12.2008. Aggrieved against the impugned judgment and order passed by learned Sessions Judge, Pithoragarh, present Criminal Revision was preferred by the convict. There are concurrent findings of the Courts below.
(3.) Prosecution led the evidence through PW 3, who said that on 28.08.2002 at 6:00 pm, accused Chander Singh hurled abuses at some villagers in the hotel. When the villagers requested him not to do so, he started pelting stones, as a consequence of which, he sustained injures in he right eye. PW 1 and PW 2 were the eyewitnesses to the incident, who supported PW 3. PW 4 examined PW 3 at PHC Barinag on 28.08.2002 at 7:00 pm. He found following injuries on the body of injured: 1. Bony deep laceration present over lateral side of right eye, oozing of blood present in the area of 0.5x 0.5 meters. 2. Bleeding from right eye with tenderness. He was unable to see.;

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