CHANDRAPAL SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) At the instance of PW 3 Chandrapal Singh, an NCR was lodged at reporting outpost Pant Nagar, District Udham Singh Nagar for the offences punishable under Sections 323 and 504 IPC. NCR was registered as Case Crime No. 17 of 2000. The same was lodged against Upendra Giri and Smt. Kunti Devi. The incident took place on 22.11.2000 at 5:30 pm and the complaint was lodged on 25.11.2000. After the investigation, a charge-sheet was submitted against the accused persons viz., Upendra Giri and Smt. Kunti Devi for the offences punishable under Sections 325, 323 and 504 IPC. Charges against the accused persons were framed for the offences punishable under Section 325 IPC read with Section 34 IPC and Section 504 IPC read with Section 34 IPC, to which they pleaded not guilty and claimed trial. PW 1 Doctor Prabhakar Singh, PW 2 Dayaram, PW 3 Chandrapal Singh (revisionist) and PW 4 SI Surendra Pal Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that the prosecution witnesses were telling a lie. No evidence was given in defence.
(2.) After considering the evidence on record, learned trial court convicted the accused persons of the offences punishable under Sections 323/34 and 325/34 IPC. They were directed to undergo rigorous imprisonment for six months along with fine of Rs. 1000/- for the offence under Section 323/34 IPC and were directed to undergo two years' rigorous imprisonment along with a fine of Rs. 1000/- for the offence under Section 325 /34 IPC, vide judgment and order dated 19.07.2004 passed by learned Chief Judicial Magistrate, Udham Singh Nagar. Aggrieved against the same, criminal appeal was filed by the accused persons in the Court of learned Sessions Judge, Udham Singh Nagar, which criminal appeal was allowed vide order dated 24.08.2006, passed by learned Sessions Judge, Rudrapur, Udham Singh Nagar. Aggrieved against the judgment and order dated 24.08.2006, present Criminal Revision was preferred by the complainant (revisionist).
(3.) The incident allegedly took place on 22.11.2000 at 5:30 pm and NCR was lodged on 25.11.2000 at 10:10 am. According to NCR, on 22.11.2000, at 5:30 pm, when the complainant went to fetch water, accused persons, namely, Upendra Giri and Smt. Kunti Devi surrounded him, hurled abuses and assaulted with iron rod. The incident was seen by Dayaram and Ajai Singh, who saved the complainant. The accused persons fled away after threatening the complainant with dire consequences. The complainant went to medical officer for treatment of his injuries on the same day.;
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