MONU; SONU AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both the appeals are directed against the common judgment and order dated 17.03.2009, passed by learned Addl. Sessions Judge / F.T.C.-V, Dehradun, in Session Trial No. 39 of 2006, therefore, with the consent of the learned counsel for the parties, both the appeals are being heard together and are being decided by this common judgment.

(2.) Appeal No. 58 of 2009 was filed by appellant Monu against the judgment and order dated 17.03.2009, passed by Addl. Sessions Judge / F.T.C.-V, Dehradun, in Session Trial No. 39 of 2006, whereby appellant Monu was found guilty for the offence punishable under Section 323 I.P.C. and was sentenced to undergo rigorous imprisonment for a period nine months and to pay a fine of Rs.1,000/- and in default of making payment of fine, to undergo additional rigorous imprisonment for a period of one month.

(3.) Appeal No. 59 of 2009 was filed by appellants Sonu and Rupesh against the judgment and order dated 17.03.2009, passed Addl. Sessions Judge / F.T.C.-V, Dehradun, in Session Trial No. 39 of 2006, whereby both the appellants were held guilty for the offences punishable under Sections 308 and 324 I.P.C. and both the appellants were sentenced to undergo rigorous imprisonment for a period two years each and to pay a fine of Rs.5,000/- each and in default of making payment of fine, to undergo additional rigorous imprisonment for a period of three months each under Section 308 I.P.C.; to undergo rigorous imprisonment for a period one year each and to pay a fine of Rs.1,000/- each and in default of making payment of fine, to undergo additional rigorous imprisonment for a period of one months each under Section 324 I.P.C. As per prosecution story on 10.02.2006 Mohmad Ali PW1 got registered one F.I.R. with Police Station Raipur, District Dehradun, inter alia, stating therein that his son Abdul Rashid used to work as Mistri with Shiva; yesterday on 09.02.2006, when his son was coming to his home from the house of Shiva at about 11:00 p.m. alongwith Shiv Prasad @ Shiva and reached in front of the house of appellants Sonu and Monu, both the appellants caught hold PW2 Abdul Rashid and starting assaulting him with khukari and iron pipe; meanwhile, Rupesh and Nabbu S/o Manvir Singh Thapa also reached at the spot and they also started beating his son Abdul Rashid; Shiv Prasad @ Shiva tried his level best to save Abdul Rashid but in vain; meanwhile, people started gathering and informant also could reach on the spot, thereafter, Abdul Rashid could be saved from the clutches of the appellants; Abdul Rashid was taken to Doon Hospital for the treatment.