VIJAY KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 07.02.2001, passed by IInd Additional Sessions Judge, Dehradun, in criminal appeal no. 30 of 1997, whereby said court has dismissed the appeal and affirmed the conviction and sentence recorded by the trial court (Additional Chief Judicial Magistrate, III, Dehradun) against the revisionist Vijay Kumar in criminal case no. 156 of 1996 in respect of offences punishable under section 324 and 452 I.P.C. The trial court has sentenced the convict (present petitioner) for a period of three months simple imprisonment on each count.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 16.08.1993, complainant Laxman Singh (P.W.1) lodged a first information report at about 22:15 P.M. alleging that at 9:00 P.M. on that day revisionist/accused Vijay Kumar alongiwth others entered in the house of the complainant and stabbed him with knife. The injured raised alarm. Apart from his wife P.W.2 Smt. Rekha and his daughter P.W.4 Nirja, other villagers also saw the accused running away. With the help of the villagers Vijay Kumar (revisionist) was arrested. He was taken to the police station where the report was lodged. Crime no. 300 of 1993, was registered against accused Vijay Kumar and others, relating to offences punishable under section 147, 452, 323 and 324 I.P.C. The injured was medically examined by Dr. J.S. Negi (P.W.5). After investigation, charge sheet was filed against the revisionist Vijay Kumar and others for their trial in respect of offences punishable under section 147, 452, 323 and 324 I.P.C. After giving necessary copies, Additional Chief Judicial Magistrate, vide his order dated 29.11.1995, framed charge of offences punishable under section 147, 452, 324 and 323 I.P.C., against the revisionist Vijay Kumar and others namely Rameshwar Dutt, Ramswaroop and Ajay Kumar. All of them pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 Laxman Singh (injured and complainant), P.W.2 Smt. Rekha (eye witness), P.W.3 Ramesh Kumar, P.W.5 Nirja (another eye witness) and P.W.5 Dr. J.S. Negi, (who medically examined the injured). The oral and documentary evidence was put to the accused in reply of which he alleged that he has been implicated falsely due to enmity. The trial court (Additional Chief Judicial Magistrate, III, Dehradun) vide his order dated 06.08.1997, convicted the revisionist Vijay Kumar under section 324 and 452 I.P.C. The other accused were acquitted of the charge. After hearing on sentence, convict Vijay Kumar (revisionist) was sentenced to simple imprisonment for a period of three months under section 452 I.P.C., and for a period of three months under section 324 I.P.C. It was further directed by the trial that both the sentences shall run concurrently. Aggrieved by said order, convict Vijay Kumar filed criminal appeal no. 30 of 1997, before the Sessions Judge, Dehradun. Learned IInd Additional Sessions Judge, to whom appeal was transferred, vide his impugned judgment and order dated 07.02.2001, affirmed the conviction and sentence recorded by the trial court. Hence this revision.