BALDEV SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-66
HIGH COURT OF UTTARAKHAND
Decided on June 18,2013

Baldev Singh and Ors. Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) INFORMANT Jeet Singh wrote a complaint to the SO, PS Nanakmatta, District Udham Singh Nagar, alleging the facts contained therein that co -villager Baldev Singh, Baggi and his maternal uncle Mahendra Singh were casting aspersions on Balwant Singh regarding theft of liquor. Balwant Singh said that he knew nothing about the liquor. All the accused persons abused Balwant Singh. On 25.09.1997, at 8:00 a.m., when Jeet Singh along with Balwant Singh were going to sugarcane society, the accused persons inflicted blows of sticks and gandasa (sharp edged weapon) on Balwant Singh. When he raised an alarm, Paramjeet Singh and Pappu came on the place of occurrence. The incident took place in village Biria. After the investigation, a charge sheet against the accused appellants was submitted in respect of offences punishable under Sections 325/34, 324/34, 323/34 and 504/34 IPC. The charge was framed against the accused -revisionists for the selfsame offences, to which they pleaded not guilty and claimed trial. PW1 Jeet Singh (informant), PW2 Balwant Singh (injured), PW3 Dr. Kumar Sambhav (Medical Officer), PW4 Pappu Singh (eyewitness), PW5 Baba Singh (eyewitness) and PW6 Paramjeet Singh (eyewitness) 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 they have been falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, the Special Judicial Magistrate, Khatima, vide Order dated 30.03.2006, convicted accused -revisionists in respect of the offences punishable under Sections 323/34 and 325/34 IPC and were sentenced appropriately. They were sentenced to undergo rigorous imprisonment for six months in relation to offence punishable under Section 323 read with section 34 of IPC; and one year's rigorous imprisonment along with a fine of Rs. 500/ - each, in respect of offence punishable under Section 325 read with section 34 of IPC. Aggrieved against the said order, they preferred Criminal Appeal, which was decided by learned Additional Sessions Judge/FTC, Rudrapur, Udham Singh Nagar, on 24.07.2007. Criminal Appeal was dismissed. Aggrieved against the impugned order dated 24.07.2007, present Criminal Revision was preferred.
(2.) THE incident took place on 25.09.1997, at around 8:30 a.m. The distance between the place of occurrence and the PS concerned was ten kilometers. The first information report was lodged on the same day at 12:40 p.m. Thus there appeared to be no delay in lodging the first information report. The injured was taken to hospital and his injuries were medically examined by Medical Officer at PHC, Nanakmatta on the same day at 1:30 p.m. Thus the first information report was lodged in time. The injured was provided with first aid in time. The copies of entries in G.D. affirmed the same. The motive of the incident in question was important. The accused -persons had suspicion that the liquor was stolen by the injured. When the stolen liquor could not be found by them, they assaulted the injured. Although, it is established law that when there is direct evidence, the motive goes into oblivion, but the instant case is such case in which the motive is established, apart from the direct evidence given by the prosecution.
(3.) PW 2 Balwant Singh was the injured. He has supported the prosecution story. His testimony was corroborated by PW1, PW4 and PW6. PW3 Doctor Kumar Sambhav examined the injuries of PW2, who found following injuries on the person of injured Balwant Singh: (i) There is gross circumferential swelling in the middle of left leg. There is abnormal mobility maniced bony tenderness in the swollen area suggestive of underlying fracture. There is small puncture wound over posteromedial aspect of swelling from which blood is oozing. (ii) Swelling over posterior aspect of right shoulder along with palpable bony upitus suggestive of a fracture. (iii) Incised wound 3 cm x 0.5 cm and skin deep over aspect of lower point of right forearm. (iv) Incised wound 2 cm x 0.5 cm over front of middle portion of right leg. (v) There is crushing injury of left thumb with tearing of nail from its bed (vi) Contusion 3 cm in diameter over right side of forehead. All injuries appeared to be about six hours old in duration. Injury Nos. 3 and 4 have been caused by sharp object. Other injuries have been caused blunt object. Injury Nos. 1 & 2 appeared to be grievous though x -ray is required to confirm it. All other injuries are simple in nature.;


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