KRISHNA PAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 08.08.2012 passed by the learned Judicial Magistrate, Rudrapur, District Udham Singh Nagar in Criminal Case No.450 of 2011 "State Vs. Krishnapal Sharma & others", whereby the revisionists have been convicted under Section 326 of IPC, and has been sentenced to undergo three years of rigorous imprisonment with a fine of Rs.3,000/- (Rupees Three Thousand Only) under the aforesaid section, with default stipulation. Against the order dated 08.08.2012, the revisionists/accused filed an appeal before the Sessions Judge, Udham Singh Nagar in Criminal Appeal No.181 of 2012, which too has been dismissed vide order dated 13.12.2012. Hence, the present criminal revision before this Court.

(2.) Prosecution story in brief is that according to appellant/complainant Hardari Lal S/o Sohan Lal, R/o Ward No.4, Nayi Basti, Rudrapur, District Udham Singh Nagar got lodged an FIR on 18.06.2009, at Police Station Kotwali, Rudrapur, District Udham Singh Nagar, stating therein that he is a labourer and maintaining his family by doing labour work. The incident is of 18.06.2009 at about 06:30 that his neighbours, namely, Krishnapal and Pushpendra came to his shop and ordered "Pakori" (eatable). The wife of the complainant has given "Pakori" to the accused/revisionists amounting to Rs.5/-. Both while eating "pakori" used abusive words have said that she is selling "Kachi Pakori". The wife of the complainant told both of them not to eat "kachi Pakori" and don't pay for it. Due to only this reason, both the accused/revisionist harassed the wife of the complainant and poured the oil, in which "pakori" are making and the wife of the complainant is severely injured. By now she is in Government Hospital and her treatment is going on. Her condition is serious. This incident was seen by Lakhwinder Singh, Prempal and others. The accused/revisionists have given a warning that today she escaped but in future they will kill her and her husband. Thereafter, the first information report was lodged under Sections 504, 506 and 326 of IPC against the accused persons. After investigation, the Investigating Officer submitted the charge-sheet against the accused/revisionists under Sections 326, 504 and 506 of IPC before the court concerned.

(3.) On denial of guilt, the prosecution got examined as many as seven witnesses i.e. PW-1 Seema Rastogi, PW2 Hardwari Lal, PW-3 Doctor S.A Abbas, PW-4 Prem Chand, PW-5 Lakhwinder Singh, PW-6 SI Jairam and PW7 S.I. Hem Chandra. Thereafter the statement of the accused/revisionist was recorded under Section 313 of CrPC, in which he denied the guilt.