STATE OF UTTARANCHAL Vs. RAMESH CHANDRA GOYAL

JUDGEMENT

(1.) Since the above Government Appeal and the Criminal Revision have been filed against the same order, therefore, both of them are being decided by this common judgment and order for the sake of brevity and convenience.

(2.) Complainant Suresh Chandra Goyal lodged a non-cognizable report against Ramesh Chandra Goyal and Rakesh Chandra Goyal, under Sections 323 and 504 IPC in relation to an incident which took place on 17.01.1994, at 11:00 a.m., at village Manpur Uttar, Haldwani. The report was lodged on the selfsame day at 12:10 p.m. It was alleged by the complainant that the accused persons wanted to grab the immovable property of the complainant and therefore, on 17.01.1994, at 11:00 a.m., accused Ramesh Chandra Goyal hurled abuses at him and also pelted stones on his face. He was also assaulted with fists, as a consequence of which, he sustained injuries.

(3.) After the investigation, a charge-sheet was submitted against the accused Ramesh Chandra Goyal under Sections 325/504 IPC. When the trial commenced, charge for the selfsame offences was framed against the accused, who pleaded not guilty and claimed trial.