Decided on November 27,2013

State Of Uttarakhand And Four Others Respondents


- (1.) PW-3 Mansoor Ali lodged a first information report against Sultan, Tahir, Fanu and Inam at PS Bhagwan Pur, District Haridwar, which was registered as Case Crime No. 56 of 2000, under Sections 307, 323, 325, 504 and 506 IPC. The incident allegedly took place on 25.03.2000 at 4:00 p.m. The distance between the place of occurrence and the Police Station was 18 Km. FIR was lodged on 31.03.2000. Hence, there appears to be delay in lodging the first information report.
(2.) According to the first information report, on 25.03.2000, at 4:00 p.m., father of PW-3 was busy in measuring his field. Co-villagers Sultan, Fanu, Inam and Tahir came there. They were carrying sticks in their hands. Fanu was carrying country-made pistol and Inam was armed with iron-rod. Fanu fired upon the father of the informant. Informant's uncle Munfait and Ibrahim's wife Mainaki and many other persons came on the place of incident and saved the informant's father. All the accused persons threatened informant's father with dire consequences, if he demarcated his land. Injured was taken to the hospital. His injury report and supplementary report were presented by the informant when he lodged the first information report. After the investigation of the case, a charge-sheet was submitted against the accused persons for the selfsame offences. The case was committed the court of Sessions. When the trial began and prosecution opened it's case, charges for the offences under Sections 307/34, 325/34, 504 and 506 IPC were framed against the accused persons (respondents herein), who pleaded not guilty and claimed trial.
(3.) PW-1 Mohabbat (injured), PW-2 Munfait Ali, PW-3 Mansoor Ali, PW-4 Dr. Mangeram Malik, PW-5 Kurban, PW-6 SI Nanhe Sagar and PW-7 Dr. Yogesh Kumar 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 and they were falsely implicated in the case. After considering the evidence on record, accused-respondents Sultan, Tahir, Inam and Fanu were acquitted of the charges levelled against them. Aggrieved against the same, present Criminal Revision was filed by PW-3 Mansoor Ali (informant).;

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