SHYAMVEER Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the papers on record.

(2.) The challenge in this petition is to the order dated 25.3.2010 passed by the Additional Sessions Judge/IV FTC, Haridwar in Sessions Trial No. 295/2005, State Vs. Monu Pahari & Others.

(3.) Facts, in brief, are that an FIR was lodged by Sushil Kumar, resident of village Belri Sallapur within the territorial jurisdiction of PS Kotwali Roorkee. This FIR was lodged against six persons, five of them, including the present accused applicant, were named, while one was unknown. Incident allegedly occurred on 11.2.2004 at 12.00 hours while the report was lodged on the next day (12.2.2004) at 3 pm i.e. almost after 27 hours of the alleged incident. Investigation culminated into submission of chargesheet, but only against four accused persons i.e. Monu Pahari, Pinki, Sanjay and Sandeep for the offences under Sec. 147, 308, 506 IPC. However, the Investigation Officer did not find any complicity of the applicant Shyamveer and one Padam Singh and, accordingly, these two persons were exonerated. Subsequently, the trial commenced. Informant Sushil Kumar was examined in the trial court, who in his statement named the accused persons including the present applicant Shyamveer and another exonerated person Padam Singh. He stated that these two persons were also present when his brother Aditya was being beaten.