KAUSHALAYA MALIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision, preferred by the revisionists u/s 397/401 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 24.08.2011 passed by the Addl. Judicial Magistrate, Khatima, in Criminal Case No.670 of 2011, State vs. . Kaushalaya Malik and others, whereby the learned Magistrate convicted the revisionists under Section 323/149 IPC and sentenced them six months S.I. and with a fine of Rs.1000/- each and also convicted under Section 506/149 IPC and sentenced them one years R.I. and with a fine of Rs.1,000/- as well as the judgment and order dated 27.04.2012 passed by the Sessions Judge, U.S. Nagar in Criminal Appeal No.125 of 2011, Smt. Kaushalaya Malik and others v. State, whereby the learned Sessions Judge dismissed the appeal and affirmed the order passed by the Lower Court.

(2.) Brief facts of the present case are that PW2 Lila Rai submitted information Ex. Ka-1 reporting Police Chawki Sakti farm, Sitarganj on 02.06.2006, accordingly, chick FIR Ex. Ka-6 was lodged on the very same date at 16:15 against the revisionists. After the investigation, charge sheet Ex.Ka-5 was submitted against the revisionists; accordingly, cognizance was taken after giving necessary copies to the revisionists as provided under Section 207 Cr.P.C., statements of revisionists were recorded, who pleaded not guilty and claimed to be tried.

(3.) On this prosecution got examined PW1 Reena Pal (injured), PW2 Lila Rai (informant), PW3 Rakhi Rai (eyewitness), PW4 Dr. Munna Lal (who conducted the medical test of Reena and Lila on 02.06.2006 and prepared medical report Ex.Ka-2 and Ex.Ka-3), PW5 Amar Singh and PW6 S.I. Danu (who investigated the matter and submitted the charge against the revisionists).