Decided on November 13,2013

Bahadur Singh And Others Respondents


- (1.) This Government Appeal is directed against the judgment and order dated 3.2.2009, passed by the Sessions Judge, Bageshwar in Sessions Trial No. 38/2007. By the said judgment and order, respondents have been acquitted of the charges levelled against them.
(2.) Brief facts of the case are that on 28.5.2007 at 3.30 PM, Kishan Singh Mehra lodged a First Information Report against the respondents Bahadur Singh, Deewan Singh, Kunwar Singh, Smt. Parvati, Bhupal Singh and Shankar Singh. In the said FIR, it was alleged that on 26.5.2007, at about 2.30 PM, when the complainant was returning to his home from Shanti Market, his real uncle Bahadur Singh, Deewan Singh, Kunwar Singh, Smt. Parvati, Bhupal Singh and Shankar Singh attacked the complainant with axe, khukhri, lathis and dandas at a place called Dhunidhari. In the said assault, the complainant became injured, and the assailants left the place under the impression that the complainant had died. The complainant further alleged that though the villagers saw the incident, but no one came at the spot fearing the assailants. One boy Latua helped the complainant in bringing him to his home. He gave the complainant water and dressed his injuries. Thereafter complainant's son telephoned his sister Smt. Maya Devi and called her at the house. She reached at 6 AM and looking to the serious condition of the complainant, he was taken to the hospital on a horse. The complainant further alleged that the assailants had been keeping enmity since before and previously they had assaulted him and his family members many a times. The complainant also alleged that the assailants were out to kill him and he, accordingly, sought necessary action against them.
(3.) On the basis of the above report Ex. Ka-1, a case was registered with the Patwari Circle Patli against the accused respondents on 28.5.2007 at 3.30 PM for the offences under Section 324, 147, 148, 504 and 506 IPC. Chick report thereof is Ex. Ka-6. After completion of the investigation, Patwari concerned submitted the chargesheet Ex. Ka-17. On 13.12.2007, Sessions Judge, Bageshwar framed the charges against the accused respondents for the offences under Section 307, 452, 504, 506, 147, 148 read with Section 34 IPC. Accused persons denied the charges and claimed trial.;

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