ISHWAR LAL AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Pw - 2 Brahm Singh wrote a complaint (Ext. Ka-1) to chowki in-charge Gowardhanpur, PS Manglore, District Haridwar, which was registered as case crime no. 2/36/2000 on the selfsame date against the accused-appellants Ishwar and Sundar Lal for the offence punishable under Section 364 IPC. After the investigation, charge-sheet was submitted against the accused-appellants for the selfsame offence. The case was committed to the Court of Sessions.

(2.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 364 IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial. PW 1 Anil Kumar, PW 2 Biram Singh, PW 3 Dharampal and PW 4 SI Kripal Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under statements under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated on account of enmity. DW 1 Rajendra was examined in defence. After considering the evidence on record, learned Additional Sessions Judge /FTC, Roorkee vide impugned judgment and order dated 02.01.2003 convicted the accused persons under Section 363 IPC and were directed to undergo rigorous imprisonment for three years along with a fine of Rs. 2000/- each. Aggrieved against the same, present Criminal Appeal was preferred.

(3.) Prosecution led the evidence through PW 1 Anil (victim). His vire dire was conducted by the trial court. After being satisfied that he was capable of understanding the things, he was permitted to enter into the witness box. PW 1 was aged ten years when he deposed.