BHUPENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the instant revision, the following judgment and orders are to put to challenge:-

(2.) Heard learned counsel for the parties and perused the record.

(3.) Facts necessary to appreciate the controversy, briefly stated, are as follows. On 10/2/2008, at about 10 AM, PW1 Ganpath was assaulted by the revisionists armed with lathi-danda, sword, etc. and attacked, due to which, he became unconscious and fell on the ground. The wife and daughter of PW1 Ganpath were also assaulted and attacked. A report of the incident was given on 11/2/2008 at 09:45 PM by PW2 Ganga Sagar. Based on which, a Case Crime No.287 of 2008, under Ss. 147, 452, 323, 506 IPC was lodged. After investigation, charge-sheet was submitted against the revisionists namely, Bhupendra Singh, Jitendra Singh and Vinod Singh. Subsequently, during trial other revisionists, namely Ranvijay Singh, Dhruv Singh and Bhim Singh were also summoned under Sec. 319 of the Code of Criminal Procedure, 1973 (for short, "the Code") to face trial along with the existing accused. On 5/12/2012, charge under Ss. 323, 506 IPC was levelled against the revisionists Ranvijay Singh, Dhruv Singh and Bhim Singh and on 17/10/2008, charge under Ss. 323, 506 IPC was framed against Bhupendra Singh, Jitendra Singh and Vinod Singh. They have denied the charge and claimed trial.