RAMAN SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 12/9/2012, passed by the Additional District Judge Ill/Sessions Judge, Udham Singh Nagar in Sessions Trial No. 223 of 2007, whereby the said court has convicted the appellants under sec. 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.1,000.00 on each count i.e. under sec. 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 7/6/2004 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. The persons who were present in the function intervened, and both the complainant and his friend succeeded to escape themselves from the clutches of the appellants, thereafter, complainant took shelter in his sister's home, namely, Smt. Veervati but the appellants who were armed with pistol, sword and double barrel followed the complainant and entered in the house of Smt. Veervati where they abused sister and brother in law (Jeeja) of the complainant and assaulted them; thereafter they forced the complainant to sit in the bolero car and dropped him in the lonely place with intention to kill him but as there was dark the complainant succeed to fled away from the place.

(3.) On the basis of said report FIR (Ex. Al) case crime no. 520 of 2004 under Sec. 504, 323, 452, 341, 506, 307 IPC and under sec. 3(l)(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 Sec. 425, 323, 307, 304, 504 IPC and under sec. (l)(x) of S.C/S.T. Act . The learned Sessions Judge framed charges under sec. s 452, 323, 307read with 149, 341, 504, 506 IPC and under sec. (l)(x) of S.C/S.T. Act against the accused/ appellants to which they pleaded not guilty and claimed to be tried.