RAMASHISH Vs. STATE OF UTTARANCHAL & ANOTHER

JUDGEMENT

(1.) THIS revision has been directed against the judgment and order of learned First Additional Sessions Judge, Haridwar dated 6.10.2003 in criminal appeal No. 36 of 2001, Ramashish Vs. State of Uttaranchal and another.

(2.) IN the said appeal, the judgment and order passed by the Chief Judicial Magistrate, Haridwar dated 23.5.2001 was affirmed, maintaining the conviction and sentence against the accused/revisionist Ramashish Yadav. Accused Ramashish Yadav was sentenced to undergo six months' rigorous imprisonment for the offence of Section 452 IPC and again to undergo six months' rigorous imprisonment for the offence of Section 323 IPC, in total he was directed to undergo one year's rigorous imprisonment.

(3.) ON a perusal of the grounds of the revision mentioned in the enclosed affidavit, it appears that all are very formal and stereotyped. No material incongruity or inconsistency could be highlighted by learned counsel of the revisionist in the appreciation of evidence by both the courts below. The independent witnesses have proved the occurrence without any material contradiction. The medical officer has also proved the injury reports on the body of complainant, which were soon noticed after the occurrence.