ANIL DANGWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. J. P. Joshi, Senior Advocate assisted by Mr. Sushil Vashisht, Advocate for the appellant and Mr. P. S. Danu, Brief Holder for the State.

(2.) The present appeal arises out of the judgment and order dated 20.07.2001 passed by then Additional Sessions Judge/2nd F.T.C., Dehradun in Sessions Trial No.153/1998, whereby the appellant i.e. Anil Dangwal was convicted under Sections 333/34 I.P.C. and sentenced to undergo rigorous imprisonment for 31/2 years and a fine of Rs.2,000/-. In default of payment of fine, the appellant has to further undergo rigorous imprisonment for six months. The appellant /accused was also convicted and a fine of Rs.2,000/- under Section 430 I.P.C. In default of payment of fine, the appellant has to further undergo rigorous imprisonment of six months. All the sentences are to run concurrently.

(3.) Brief facts of the prosecution case are that an F.I.R. was lodged on 04.04.1994 by injured i.e. Khem Singh, Beldar in the Irrigation Department alleging that in the morning at 8AM when he was on his duty, he found that accused Premanand Dangwal was unauthorizedly taking water from the canal, which was under his (i.e. Khem Singh's) supervision. When he asked accused Premanand Dangwal to refrain from the illegal act, the accused Premanand Dangwal got violent and alongwith his son he first slapped him and later inflicted further blows on his body, as a result he sustained injuries. It was further alleged that the Government work was obstructed by the accused. Gopal Singh and Arjun Singh were the two eye-witnesses to the incident.