GAURAV SHARMA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is preferred against the judgment and order of conviction dated 28.3.2001, passed by the Sessions Judge, Pithoragarh in Sessions Trial No. 46/1999, State v. Gaurav Sharma, whereby the accused appellant has been convicted for the offence under Section 323 IPC and has been sentenced to undergo simple imprisonment for a period of six months and a fine of Rs. 500/-. In default of payment of fine, convict has been directed to undergo further 15 days' simple imprisonment.

(2.) Facts, in brief, are that the accused appellant Gaurav Sharma and the complainant Km. Swati Garg were pursuing their studies in the same college at Pithoragarh. On 4.8.1999, Km. Swati Garg lodged an FIR (Ex. Ka-2) with the averments that Gaurav Sharma used to cast aspersions and lewd comments upon her while coming to and returning from the college. She complained about it to her family members. On this, her brother Ajay Kumar Garg protested with the father of Gaurav Sharma on 3.8.1999. Enraged with this, on the next day i.e. on 4.8.1999 at 11.45 am, when the complainant was sitting in her classroom, Gaurav Sharma came there and poured over her body a bottle of petrol stating that he would finish her by setting her on fire as she was too complaining of him. However, she was rescued by her classmates and other students of the college, who snatched the matchbox from the hand of Gaurav Sharma. She also complained about it to her Principal. With these averments, FIR Ex. Ka-2 was lodged by Km. Swati Garg on 4.8.1999 at 12.50 pm. Chick report thereof is Ex. Ka-3.

(3.) Km. Swati was immediately taken for medical examination at District Hospital, Pithoragarh where she was examined by Dr. Brijmohan Singh Tolia (PW1), who found that burning sensation was present on the eyes, scalp and face of the victim. Smell of petrol was also present on her hair, dupatta and upper garments. He, accordingly, prepared the medical report Ex. Ka-1.