DEEPAK Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARANCHAL
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(1.) Both these appeals, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), are directed against the judgment and order dated 10.07.2001, passed by Learned Additional Sessions Judge/IIIrd Fast Track Court, Dehradun, in Sessions Trial No. 48 of 2000, whereby said court has convicted the accused/appellants Shyam (S/o Raj Kumar), Bunti (S/o Ram Kishore), Deepak (S/o Ram Kishore) and Banti (S/o Ramesh Kumar) under section 323 read with section 34 and under section 324 read with section 34 I.P.C. Each one of convicts has been sentenced to rigorous imprisonment for a period of six months under section 323/34 I.P.C, and rigorous imprisonment for a period of three years under section 324/34 of I.P.C.
(2.) Heard learned Amicus Curiae for the appellants, and Learned Additional Government Advocate, for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 23.04.1999, at about 7.30 p.m., PW1 Suraj Thapa was on his way back to his home, when near patharia peer accused/appellants Shyam (S/o Raj Kumar), Bunti (S/o Ram Kishore), Deepak (S/o Ram Kishore) and Banti (S/o Ramesh Kumar) surrounded him. Out of said accused/appellants, accused Shyam (S/o Raj Kumar) and accused Bunti (S/o Ram Kishore), were armed with KHUKRIES (sharp edged weapons). Accused Deepak was armed with DANDA (rode) and accused Banti (S/o Ramesh Kumar) was armed with a belt. All the four allegedly assaulted on person of Suraj Thapa, who suffered injuries. PW3 Meera Chhetri, aunt of the injured was accompanying him who rescued him. The accused/appellants ran away after causing injuries on person of Suraj Thapa. First Information Report (EX-A1) of the incident was lodged by PW2 Kishan Singh Thapa (uncle of the injured) at Police Station Kotwali Dehradun. On the very day (23.04.1999) at about 10.00 p.m., on the basis of said report Crime No. 281 of 1999, was registered relating to offence punishable under section 307 of I.P.C., by against accused/appellants namely Shyam (S/o Raj Kumar), Bunti (S/o Ram Kishore), Deepak (S/o Ram Kishore) and Banti (S/o Ramesh Kumar).
The investigation was taken up by PW6 Sub Inspector Saran Singh Verma. The injuries were medically examined by PW2 Dr. Y.S.Thapliyal of Doon Hospital, on the very day (23.04.1999), at about 8.00 p.m., who prepared injury report (ExA2) observing injuries on the person of Suraj Thapa. The Investigating Officer after interrogating the witnesses, and on completion of investigation submitted charge sheet (Ex-A6) against all the four accused namely Shyam (S/o Raj Kumar), Bunti (S/o Ram Kishore), Deepak (S/o Ram Kishore) and Banti (S/o Ramesh Kumar) for their trial in respect of offence punishable under section 307 read with section 34 of I.P.C.;
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