SONU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) None was present on behalf of appellant, so Mr. V.D. Bisen, Advocate, present in the Court, was requested to assist the Court on behalf of appellant. He accepted request of this Court. Therefore, Mr. V.D. Bisen, was appointed as Amicus Curiae on behalf of appellant in pre lunch session and paper book was handed over to him and he argued the appeal in post lunch session.

(2.) Present appeal is directed against the judgment and order dated 03.01.2009 passed by 2nd Additional Sessions Judge, Haridwar in Sessions Trial No. 255 of 2007 whereby appellant, herein, was held guilty for the offence punishable under Section 326 IPC and was sentenced to undergo 7 year rigorous imprisonment and to pay fine of Rs. 10,000/- and in default of making payment of fine, to undergo additional imprisonment of 6 month.

(3.) Brief facts of the present case, inter alia, are that PW1 Ved Pal lodged an FIR (Exhibit A1) with police station Mangalore, District Haridwar stating therein that his father was witness against Surajmal, son of Bhikku, in a criminal case, therefore, Surajmal and his family members were inimical to them; due to this enmity, on 04.03.2007 at about 12 noon, Sonu and Surajmal came into the house of PW2 Injured Suresh; Sonu was armed with grass cutter (Gandasa) while Surajmal was armed with stick; Sonu assaulted PW2 Suresh with Gandasa which hit at his shoulder; blood started oozing out from injury sustained by PW2; having heard the hue and cry, Rajendra, Azad Singh and PW3 Anita came on the spot; having seen them Sonu and Surajmal fled away from the spot; PW2 Suresh was taken to Civil Hospital, Roorkee and he was got admitted there. Having investigated the matter, Investigating Officer submitted charge-sheet against the appellant for the offence punishable under Section 307, 323, 324, 326, 504, 506 IPC. After committal of the case to the Court of Session, learned trial Judge was pleased to frame charges against the appellant for the offence punishable under Section 307, 506, 504, 323, 324, 326 IPC. Appellant denied the charges and claimed trial.