KAILASHI DEVI AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Accused persons, viz., Smt. Kailashi Devi and Smt. Ratna Devi were held guilty for the offence punishable under Section 323 IPC by the Trial Court. Each one of them was convicted under Section 323 IPC and was directed to pay a fine of Rs. 800/-, in default of payment of which they were directed to undergo two months' simple imprisonment. Smt. Ratna Devi and Smt. Kailashi Devi were acquitted of the charges framed against them for the offences punishable under Sections 504 and 427 IPC. The other two accused persons were also exonerated of the charges levelled against them, vide judgment and order dated 16th April, 2007, passed by the learned Chief Judicial Magistrate, Uttarkashi. Aggrieved against their conviction, Smt. Kailashi Devi and Smt. Ratna Devi filed a Criminal Appeal before the Sessions Judge, Uttarkashi, who dismissed the criminal appeal and affirmed the findings given by learned CJM, Uttarkashi, vide impugned judgment and order dated 19th July, 2008. Aggrieved against the impugned judgment and order, present Criminal Revision was preferred by the convicts-revisionists.

(2.) The complainant Kundnu, taking recourse to Section 156(3) Cr.P.C., filed a first information report against the accused persons alleging that on 15.03.2005, at 7:30 a.m., when the complainant was working in his field, accused persons came to his field and assaulted the complainant and his wife. They also hurled abuses and also threatened them with the dire consequences. The complainant and his wife sustained injuries. The complainant went to the halka patwari to lodge the first information report, but the patwari had gone somewhere else in connection with his official duties. Then the complainant was compelled to move an application under Section 156 (3) Cr.P.C. After the investigation, a chargesheet was submitted against the accused persons under Sections 323, 504 and 427 IPC. Accused persons were summoned to face the trial. Charges for the selfsame offences were framed against them, to which they pleaded not guilty and claimed trial.

(3.) PW 1 Kundnu (injured), PW 2 Bachan Lal, PW 3 Doctor P.S. Pokhariyal, PW 4 Smt. Balma Devi (injured/wife of PW 1), PW 5 Roshan Lal, PW 6 Rajeev Rana and PW 7 Suresh Chandra Bhatt were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons, in reply to which they said that they were falsely implicated in the criminal case. No evidence was given in defence. After considering the evidence on record, learned CJM, Uttarkashi, found Smt. Kailashi Devi and Smt. Ratna Devi (revisionists) guilty of the offence punishable under Section 323 and sentenced them to pay a fine of Rs. 800/-, in default of payment of fine, each one of them was directed to undergo two months' simple imprisonment.