MAHAK SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment and order dated 09.05.2013, passed by Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No. 391 of 2012, whereby appellants were held guilty for the offence punishable under Section 308 read with Section 34 IPC and under Section 452 IPC; appellants were sentenced to undergo rigorous imprisonment for a period of 05 years and to pay fine of Rs. 3,000/ - each, in default in making payment of fine, to undergo additional imprisonment of one year for the offence punishable under Section 308 IPC read with Section 34 IPC; to undergo rigorous imprisonment for a period of 03 years and to pay fine of Rs. 2,000/ - each, in default in making payment of fine, to undergo additional imprisonment of six months, for the offence punishable under Section 452 IPC.

(2.) BRIEF facts of the present case inter alia are that on 30.10.2008, at 06:30 p.m., an FIR was got registered by PW1 Ramesh Kumar with Police Station Kotwali Manglaur, District Haridwar inter alia stating therein that on 20.10.2008, at about 09:00 p.m. in the night, he was having dinner with his wife Smt. Bala (PW2) in his house; meanwhile, appellants armed with sticks and iron rods entered into the house of the PW1 and PW2 and started abusing them and told to PW1 that you would be given lesson for registering the FIR against them for the kidnapping of his daughter; thereafter appellants started beating PW1 and PW2 with the sticks and iron roads, carried by them; having heard hue and cry, Sugan Pal (PW3) and Samay Singh (PW4) arrived at the spot and witnessed the incident and saved PW1 and PW2 form the clutches of the appellants; appellants fled away from the spot having extended the life threat by saying today you could be saved, however, PW1 and PW2 would be killed in future; thereafter PW1 and PW2 were taken to the Government Hospital, Roorkee, where they were provided medical treatment and medico legal report was prepared.

(3.) TO prove the prosecution story, injured Ramesh Kumar (PW1), his wife Smt. Bala (PW2), Sugan Pal (PW3), Samay Singh (PW4), Dr. Raj Kumar (PW5), Constable Vipin Kumar (PW6) and SI V.L. Bharti (PW7) were examined and thereafter statements of the appellants were also recorded under Section 313 of the Code of Criminal Procedure.