VISHNU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 17.03.2004 passed by Additional Sessions Judge/IInd FTC Haridwar District Haridwar in Sessions Trial No. 22/2001. By the said judgment and order dated 17.03.2004, the appellants have been convicted for the offences punishable under Sections 147 and 323 IPC. Under Section 147 IPC, the appellants were imposed a fine of Rs. 500/- and under Section 323 of IPC also, the appellants were imposed a fine of Rs. 500/-. In the event of non-payment of fine of Rs. 1000/-, the appellants will have to undergo simple imprisonment of one month.

(2.) Brief facts of the case are that there had been an altercation between the informant and appellants regarding installation of the electric pole, which was going through the fields of the informant. The informant objected to the same, because of which the appellants were having grudges against him. On, 08.09.1998 at around 10 A.M., when the informant was in his home, all the appellants together came into the house of informant with lathi and danda in their hands and started hurling casteist abuses on him and threatened to kill him and said that they will get the line through his fields. The informant thereafter said that if they wanted electricity for tube well, then they can get it from chakroad; and said that he will not allow them to install the Pole in his fields. Thereafter, the appellants started beating the informant aggressively and hurled casteist abuses on him. Thereafter, few persons namely Dharmu, Sompal, Roopchandra and Lalu came to the place of incident and saved the informant. During all this, the informant sustained injuries and was taken to the hospital by the said persons, who saved him.

(3.) After investigation, the Investigating Officer filed charge sheet against the appellants under Sections 147 and 323 of IPC read with Sections 34, 504 and 506 IPC and Section 3(1)(10) of the SC/ST Act. Based on the same, charges were framed and the Court below has convicted the appellants for the offences punishable under Section 147 and 323 IPC.