VINOD SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of Cr. P. C. , the petitioners have challenged the order dated 07.05.2011, passed by Additional Sessions Judge/2 nd Fast Track Court, Haridwar, in Criminal Appeal No. 45 of 2005 and Criminal Revision No. 296 of 2005, whereby said court has dismissed the appeal and allowed the revision. It is further directed by the appellate/revisional court that the sentence awarded against the petitioner No. 1 Vinod Sharma is modified and enhanced to simple imprisonment for a period of one year, apart from the fine directed to be paid by the trial court.

(2.) Heard learned counsel for the petitioners, and learned counsel for the State, and perused the papers on record.

(3.) Prosecution story in brief is that on 27.11.1995, at about 6:30 am when the complainant (respondent No. 2) Som Dutt had gone to ease out himself in a field, the petitioner No. 2 Shiv Prasad and petitioner No. 3 Om Dutt armed with LATHIES along with petitioner No. 1 Vinod Sharma came there and assaulted him. It is alleged that the fire was also shot.