RANJEET KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) None is present on behalf of respondent no. 2, despite sufficient service, so Ms. Arti Tiwari, Advocate, present in the Court, was requested to assist the Court on behalf of respondent no. 2. She accepted the request of this Court. Therefore, Ms. Arti Tiwari, is appointed as Amicus Curiae on behalf of respondent no. 2.

(2.) Present appeal is filed assailing the judgment and order dated 07.06.2006 passed by Judicial Magistrate, Rudrapur, in Criminal Case No. 1451 of 2004 whereby respondent no. 2 was acquitted from the charge of offences punishable under Section 323, 504, 506 IPC.

(3.) Brief facts of the present case, inter alia, are that PW1 Ranjeet Kumar lodged a report with Incharge, Police Chowki, Shakti Farm, on 13.02.2004 at 07.30 p.m. stating therein that on 11.02.2004 at about 09.00 p.m., his elder brother PW2 Tarak Kumar was present in the marriage ceremony of Peero Goldar, meanwhile, respondent no. 2 Parikshit Mandal armed with stick came on the spot and started abusing PW2 Tarak Kumar and assaulted him on his head with the stick being carried by him; having received the injury with stick, PW2 Tarak Kumar fell down and became unconscious; Sudhin Mahant, son of Ashwini Kumar, Sukumar Sarkar, son of Anil Sarkar and other family members challenged Parikshit Mandal; on this, he having extended life threat ran away from the spot; Parikshit Mandal was recognized in the light of generator; PW2 was got admitted for treatment in Primary Health Centre, Shakti Farm where his condition started deteriorating, consequently, he was referred to higher center at Bareilly; PW2 was got admitted in Keshlata Hospital at Bareilly for treatment, therefore, report could not be lodged immediately; let report be registered and necessary legal action may be taken against accused Parikshit Mandal. On the report, so lodged by PW1, chick FIR no. 4 of 2004 was got registered with police station Khatima, District Udham Singh Nagar.