STATE OF UTTARAKHAND Vs. BAHADUR SINGH & OTHERS

JUDGEMENT

(1.) This Government Appeal is directed against the judgment and order dated 3.2.2009, passed by the Sessions Judge, Bageshwar in Sessions Trial No. 38/2007. By the said judgment and order, respondents have been acquitted of the charges levelled against them.

(2.) Brief facts of the case are that on 28.5.2007 at 3.30 PM, Kishan Singh Mehra lodged a First Information Report against the respondents Bahadur Singh, Deewan Singh, Kunwar Singh, Smt. Parvati, Bhupal Singh and Shankar Singh. In the said FIR, it was alleged that on 26.5.2007, at about 2.30 PM, when the complainant was returning to his home from Shanti Market, his real uncle Bahadur Singh, Deewan Singh, Kunwar Singh, Smt. Parvati, Bhupal Singh and Shankar Singh attacked the complainant with axe, khukhri, lathis and dandas at a place called Dhunidhari. In the said assault, the complainant became injured, and the assailants left the place under the impression that the complainant had died.

(3.) On the basis of the above report Ex. Ka-1, a case was registered with the Patwari Circle Patli against the accused respondents on 28.5.2007 at 3.30 PM for the offences under Section 324, 147, 148, 504 and 506 IPC. Chick report thereof is Ex. Ka-6. After completion of the investigation, Patwari concerned submitted the chargesheet Ex. Ka-17. On 13.12.2007, Sessions Judge, Bageshwar framed the charges against the accused respondents for the offences under Section 307, 452, 504, 506, 147, 148 read with Section 34 IPC. Accused persons denied the charges and claimed trial.