STATE OF UTTARAKHAND Vs. MAHABEER SINGH S/O SHER SINGH
LAWS(UTN)-2013-9-46
HIGH COURT OF UTTARAKHAND
Decided on September 04,2013

STATE OF UTTARAKHAND Appellant
VERSUS
Mahabeer Singh S/O Sher Singh Respondents

JUDGEMENT

- (1.) Present revision is preferred against judgment and order dated 13.07.2007 passed by learned Chief Judicial Magistrate, Kashipur in criminal case No.532 of 2006, whereby respondent herein was acquitted for the offence punishable under section 325 IPC.
(2.) Brief facts of present case are that Bharat Singh moved an application before the Nayab Tehsildar, Dunda against Mahavir Singh, Yashvir Singh, Bholu Singh, Dalbir Singh, Smt. Dharma w/o Mahavir Singh, Smt. Ramila w/o Yashvir Singh, Smt. Sangi w/o Bholu Singh and Sher Singh, interalia stating therein that they were residing in the same ancestral house and courtyard was also common; accused illegally raised construction on the upper floor of the house and wanted to claim compensation by damaging the ancestral house; Ganga Singh S/o informant made complaint against the accused persons, therefore, accused could not get compensation and became inimical with Ganga Singh; on 04.11.2002 at about 07.30 p.m. when the Ganga Singh was coming in his house, all the accused caught Ganga Singh, while respondent herein assaulted him with the stick; by the assault made bone of left hand of Ganga Singh was broken; having heard hue and cry, informant alongwith another son Vijay Singh rushed towards Ganga Singh to save him from the clutches of the accused persons. Ganga Singh was taken in the Government hospital, Rishikesh and thereafter he was taken to Dehradun, where X-ray was done, left hand was plastered.
(3.) Having investigated the matter, charge sheet was submitted against the respondent only for offence punishable under section 325 IPC. Learned trial court framed charge against the accused for the offence punishable under section 325 IPC, accused/respondent denied the charge and claimed trial. To prove prosecution story, the statements of informant Bharat Singh-PW-1, Injured Ganga Singh-PW-2, Vijay Singh-PW-3 and Investigating Officer Bhagwati Prasad Jagudi-PW-4 were recorded and thereafter statement of the accused were also recorded under section 313 Cr.P.C.;


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