SUNIL DUTT Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C. '), is directed against the judgment and order dated 29.8.1996 passed by Sessions Judge, Almora in Sessions Trial No. 30 of 1992, State v. Sunil Datt and Anr. whereby the appellant Sunil Dutt has been convicted under Section 307 and 506 of Indian Penal Code, 1860 (for short, I.P.C.) and sentenced to undergo R.I. for five years under Section 307 and R.I. for six months under Section 506 IPC. Appellant Ghanshyam Dutt has been convicted under Section 307 read with Section 34 IPC as well as under Section 506 IPC and sentenced to undergo RI for five years under Section 307 read with Section 34 IPC and RI for six months under Section 506 IPC. Both the sentences of both the accused appellants were directed to run concurrently.

(2.) IN brief, the case of prosecution is that PW1 Jai Dutt Mishra on 11.7.1990 at 6 pm, lodged a report with the Patwari Circle Meharagaon with the averments that he was posted as Assistant Teacher in Higher Secondary School, Meharagaon in the year 1990. Deep Chandra (PW2), son of the informant, studied in class V in the Primary School, Meharagaon in the year 1990. On 10.7.1990, the informant and his son Deep Chandra were returning home from school. All of a sudden, at about 12 O ' Clock, accused appellant Sunil Dutt pounced upon Jai Dutt Mishra on the bridge of Ghatoria and assaulted him with Danda and made an unsuccessful attempt to throw him into the river. The informant sustained several injuries. The informant 's son, Deep Chandra, started weeping and tried to rescue his father. Accused appellant Sunil Dutt picked up Deep Chandra and threw him into the river. On the alarm raised by Jai Dutt Mishra, accused appellant Ghanshyam Dutt, real brother of Sunil Dutt, arrived there and exhorted his brother to throw Jai Dutt Mishra into the river. Both the brothers pounced upon the informant and assaulted him. When informant raised hue and cry for help, several witnesses including Ram Chandra (PW3) and Devi Dutt arrived there and intervened. Deep Chandra anyhow with great difficulty came out of the river and reached the bridge. He too had sustained injuries on his person and was weeping. Thereafter, a number of villagers including women and children arrived there from adjoining villages, like Khina, Chintude, Patgalya.

(3.) DURING the course of investigation, the I.O./Patwari inspected the place of occurrence and prepared the site plan Ex. Ka -5. (In rural hilly areas of State of Uttarakhand, the Patwaris and certain revenue officials are vested with police powers vide U.P. Govt. Notification No. 494/VIII -418 -16 dated 7/3/1916). During the course of investigation, he recorded the statements of the witnesses and after completing the investigation, filed the chargesheet Ex. Ka -6 against the accused appellants.