ARVIND BISHT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A first information report was lodged by PW 1 Mahaveer Singh Panwar against Arvind Bisht (accusedappellant), Sandeep Sharma, Mahipal Sajwan and Dinesh Kathait on 28.03.1998, at 5:50 p.m. in PS Tehri, which was registered as case crime no. 64 of 1998, under Sections 323, 324, 504 and 307 IPC. The incident took place on the selfsame day at 5:20 p.m. The distance between the place of occurrence and the police station was kilometer. The first information report was lodged within a span of half an hour and, therefore, there appeared to be no delay in lodging the first information report.

(2.) After the investigation, a charge-sheet was submitted against the accused persons for the selfsame offences. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge was framed under Section 307/34 IPC against the accused persons, to which they pleaded not guilty and claimed trial. PW 1 Mahaveer Singh Panwar (injured, complainant), PW 2 Ankit Bachheti, PW 3 Krishna Kishor Kandiyal, PW 4 Doctor Narendra Jha (who examined the injuries), PW 5 Azim Ahmad and PW 6 HC Arjun Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., 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 Sessions Judge, Tehri acquitted accused Mahipal Sajwan, Dinesh Kathait and Sandeep Sharma of the charge levelled against them. The fourth accused Arvind Bisht was convicted under Section 324 IPC and was directed to pay a fine of Rs. 3,000/-, which fine was deposited by him, vide Treasury Challan (paper no. 89 Ka) dated 27.04.2002, which is available on the record of the Trial Court.

(3.) It was also directed vide impugned judgment and order dated 26th April, 2002 that in the event of realization of fine, half of it, i.e., Rs. 1500/- shall be paid to the complainant Mahaveer Singh Panwar under Section 357 Cr.P.C. Aggrieved against the order of conviction and fine, present Criminal Appeal was preferred by the accusedappellant.