RAMAN SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12.09.2012, passed by the Additional District Judge III/Sessions Judge, Udham Singh Nagar in Sessions Trial No. 223 of 2007, whereby the said court has convicted the appellants under section 452 and 323 IPC. Each one of them has been sentenced to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 1,000/- on each count i.e. under section 452 and 323 IPC.

(2.) Brief facts, in nutshell, are that PW1 Chotey Lal-complainant lodged a first information report (Ex.A1) with the averments that on 07.06.2004 he and his friend, namely, Hariom were in the function organized by one Shri Sanjay of his village; Rakesh Chaturvedi (accused no.3) along with his friends were also there; at about 1:00 p.m., Rakesh Chaturvedi called the complainant and uttered cast indicative words thereafter Rakesh Chaturvedi and his friends, namely, Raman Sharma and Gyanai started assaulting him with kick and fists and they also abused his friend Hariom and assaulted him.

(3.) On the basis of said report FIR (Ex. A1) case crime no. 520 of 2004 under sections 504, 323, 452, 341, 506, 307 IPC and under section 3(1)(x) of S.C/S.T. Act was registered against the appellants. P.W.7 Shri Ranjeet Singh has conducted the investigation of the case and on completion of the investigation, submitted charge sheet under sections 425, 323, 307, 304, 504 IPC and under section(1)(x) of S.C/S.T. Act . The learned Sessions Judge framed charges under sections 452, 323, 307 read with 149, 341, 504, 506 IPC and under section (1)(x) of S.C/S.T. Act against the accused/ appellants to which they pleaded not guilty and claimed to be tried.