Decided on May 09,2013

MANJU DEVI Appellant
State of Uttarakhand and Ors Respondents


- (1.) The above-titled appeals, challenging the same judgment of acquittal, are being disposed of by this common verdict.
(2.) Both the appeals, preferred by the victim Smt. Manju Devi as well as by the State, challenge the judgment and order dated 16.07.2012 rendered by learned Sessions Judge, Pauri Garhwal in S.T. No.32 of 2007, acquitting the accused Ranjeet Singh @ Pappu from the offences punishable u/s 457, 376/511, 326, 307 and 506 IPC. It is pertinent to mention that the order of acquittal of accused passed in S.T. No.33 of 2007 and S.T. No.34 of 2007 relating to offences punishable u/s 25 as well as 4/25 of the Arms Act respectively, is not under challenge before us.
(3.) In brief, the prosecution story is that Smt. Manju Devi along with her daughter was residing in the neighbourhood of accused Ranjeet Singh. On the fateful night i.e. on 10.10.2006 at about 9:30 PM, when she fell asleep along with her daughter, accused allegedly entered her room and began to molest her. She woke up and resisted the accused for his ill intention. On this, the accused gave a blow of sharp edged weapon on her head, besides twisting of her right arm, thereby making her severely injured. She was soaked in blood due to the blow of sharp edged weapon upon her head. When she raised screams, the accused escaped from the spot. Her mother-in-law as well as neighbours thereafter came at the spot, and finding the critical condition of the victim, brought her at the nearby Community Health Center (CHC) Beerokhal where no doctor but only a pharmacist was found available. So after making available the primary aid, the victim was referred for higher center. The villagers then took her to Ram Manohar Lohiya Hospital (in short hospital at Delhi), where all the male members of the family, including her husband, used to work. She was admitted in the hospital at Delhi on 11.10.2006 probably in the evening and remained there up to 17.10.2006. Meanwhile on 16.10.2006, her elder brother-inlaw (JETH) Prem Singh Rawat came to the village and lodged the first information report at Patwari Outpost of the area, wherein the facts, as stated hereinabove, were averred. Complainant, as was apprised by Govind Singh, Bhagat Singh, Virendra Singh and Smt. Tikka Devi, residents of the same village, averred the same facts in the report. The matter was investigated by D.C.S. Rawat, Patwari of the area, who, after finding the complicity of accused Ranjeet Singh in the crime, arrested him. At the instance of accused, he also got recovered a knife as also a country-made pistol from the place so indicated by him, recovery memo whereof is Ex.A.3. Investigation culminated into the submission of chargesheet against the accused for the offences u/s 326, 452, 506, 307, 376/511 IPC, which is Ex.A-9. Thereafter, the Charge was levelled against the accused accordingly, and he was put to trial.;

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