Decided on August 13,2013

STATE Appellant
Jas Pal Singh Respondents


- (1.) Pw1 Sajjan Singh lodged an F.I.R. against accused Jaspal Singh on 8.3.2000, at 12:15 P.M., with Patti Patwari, Pedalsuin-4, District Pauri Garhwal, which was registered as case crime no. 10/2000 under Sections 452, 325, 504, and 506 I.P.C. The incident allegedly took place on 7.3.2000 at 3:00 P.M. The distance between the place of occurrence and Patwari Circle was negligible (zero km.), yet it took one day to the informant to set the criminal law into motion. The F.I.R. was lodged on the next day i.e. on 8.3.2000, at 12:15 P.M. There appears to be delay in lodging F.I.R.
(2.) After the investigation, a charge sheet for the offences punishable under Sections 323, 504, 506 I.P.C. was submitted against the accused. When the trial began, charge for the selfsame offences was framed against the accused, who pleaded not guilty and claimed trial.
(3.) Pw1 Sajjan Singh, PW2 Rakesh Singh, PW3 Dr. D.P. Singh, PW4 Parvesh Shah, PW5 Veer Singh, PW6 Purnanand, PW7 Padam Singh, PW8 Kunwar Singh, PW9 Ravinder Singh and PW10 Basu Lal Patwari 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 he was falsely implicated at the instance of PW1. After considering the evidence on record, learned Chief Judicial Magistrate, Pauri Garhwal acquitted the accused of the charge levelled against him, vide judgment and order dated 6.11.2001. Aggrieved against the said order, present government appeal was preferred.;

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