SANTOSH KUMAR RAI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In the present appeal, judgment and order dated 19.01.2011 passed by 6th Additional Sessions Judge, Haridwar in Sessions Trial No. 174 of 2009 is under challenge, whereby appellant was held guilty for the offence punishable under Section 224, 332, 353 IPC and was sentenced to undergo 1 year rigorous imprisonment and to pay fine of Rs. 1,000/- and in default of making payment of fine, to undergo additional imprisonment of 1 month under Section 224 IPC; sentenced to undergo 2 year rigorous imprisonment and to pay fine of Rs. 2,000/- and in default of making payment of fine, to undergo additional imprisonment of 2 month under Section 332 IPC; sentenced to undergo 2 year rigorous imprisonment and to pay fine of Rs. 2,000/- and in default of making payment of fine, to undergo additional imprisonment of 2 month under Section 353 IPC with the stipulation that all the sentences shall run concurrently.

(2.) Brief facts of the present case, inter alia, are that PW1 SI Ramesh Kumar Singh got registered an FIR with GRP police station, Laksar on 11.06.2009 at 11.55 a.m. inter alia stating therein that appellant was being brought back in a train namely Rapti Ganga Express, after producing him before Gorakhpur court by the police party consisting of PW1 SI Ramesh Kumar Singh, PW2 Constable Arvind Kumar, PW3 Heera Singh Bisht, Constable Manohar Singh, Constable Sonkar Singh; before the train could reach the Laksar Railway Station, appellant desired to go to toilet for urination; appellant was handcuffed and Constable PW3 Heera Singh Bisht (injured) was holding rope of his handcuffs; when appellant was taken towards the toilet, he, suddenly turned towards the gate of train and jumped from the running train about 200 250 metre before the Laksar Railway Station; since Constable Heera Singh Bisht was holding rope of handcuffs, therefore, he also jumped from the running train behind him; appellant with intention to kill PW3 Heera Singh Bisht started assaulting on his head with stones and iron part of handcuffs, meanwhile, other members of police party also jumped from the train and crowd gathered on the spot and appellant was overpowered by the police party and he was brought to GRP police station and FIR was got registered.

(3.) Having investigated the matter, Investigating Officer filed charge-sheet against the appellant under Section 307, 224, 353, 332, 333 IPC.