GOVIND SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) REVISIONIST -Govind Singh was convicted for the offence of Sections 323 and 506(2) Indian Penal Code by the J.M. Karanprayag, Chamoli vide his judgment and order dated 19.6.2001 and was sentenced to undergo six months' S.I. with each of the offences running concurrently.

(2.) ACCUSED Govind Singh challenged the order of Magistrate vide criminal appeal No. 11 of 2001 wherein the learned Sessions Judge, Chamoli dismissed the appeal and confirmed his conviction and sentence. Feeling aggrieved, he has come up in this revision.

(3.) BRIEF facts are that on 23.10.1997 at about 6:30 PM in the remote hills of village Lawani, the potatoes were being boarded in the truck. Accused Govind Singh came there and being sizzled , he started to abuse the truck driver saying that the potatoes are being stolen by him. Anyhow the truck was loaded and it was set out for its destination. The accused also boarded in the truck. Having covered some distance, Maan Singh complainant asked the accused to get down from the Truck but he declined and began to abuse again. At this, some altercation started between the accused and the complainant and in that course, accused gave a blow of stone upon the head of Maan Singh causing him injured. He suffered simple injury and after trial, he was convicted by the court below, as aforementioned.