MOHIT SINGHAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellants were shown as accused in the First Information Report registered at the instance of the third respondent for an offence punishable under Sec. 306 of IPC (for short, 'IPC').

(2.) It is an admitted position that the third respondent, who is the widow of deceased Ashok Kumar, had borrowed a sum of Rs.40,000.00 from one Sandeep Bansal @ Sandeep Lala. The first appellant is the son of the said Sandeep Bansal. The third respondent, in her complaint to the police, stated that subsequently, she borrowed a sum of Rs.60,000.00 from Sandeep. While paying the said amount, Sandeep deducted a sum of Rs.15,000.00 towards interest.

(3.) The third respondent in her complaint stated that on 8/6/2017, she received a call from Sandeep. He abused her for not repaying the loan. The third respondent sought time of two months to repay the loan. On 15/6/2017, the first appellant came to the shop of the third respondent, where her husband was sitting. The first appellant demanded money, and the deceased husband of the third respondent pleaded with him to give him some time within which he could arrange for the money. It is alleged that the first appellant abused the deceased and assaulted the deceased with a belt. He also assaulted the third respondent and the mother of the deceased. It is alleged that the first appellant threatened the third respondent to abduct her daughter.