LOKENDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 27.01.2012 passed by learned Sessions Judge, Tehri Garhwal in Sessions Trial No. 13 of 2011 whereby appellant was held guilty for the offences punishable under Section 307, 325 IPC and was sentenced to undergo rigorous imprisonment for a period of 07 years and to pay a fine of Rs. 10,000/- and in default in making payment of fine to undergo additional imprisonment for 02 months for the offence punishable under Section 307 IPC; to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 3,000/- and in default in making payment of fine to undergo additional imprisonment for two months with the stipulation that both the sentences shall run concurrently.

(2.) As per the prosecution story, on 13.12.2010 at about 11:30 a.m. appellant made repeated assault on Smt. Shakuntala Devi (PW4) with sharp edged weapon (Thamala); PW3 Hetram and others rescued Smt. Shakuntala Devi from the clutches of the appellant. Smt. Shakuntala Devi, injured (PW4) was taken to Government Hospital, Hindolakhal; PW2 Dr. Ram Kumar medically examined injured Smt. Shakuntala Devi (PW4) and provided her treatment; PW1 Bankey Lal Raturi, husband of injured Smt. Shakuntala Devi was informed telephonically; having received the telephone call about the incident PW1 left college and immediately rushed to the spot and immediately lodged FIR against the appellant.

(3.) Having investigated the matter PW8 Sub-Inspector Kamal Singh Rawat submitted charge-sheet against the appellant for the offences punishable under Section 307, 325, 506 IPC. After the committal of the trial to the Court of Session, charges were framed against the appellant for the offences punishable under Sections 307, 325, 506 IPC. Appellant denied the charges and claimed trial.