RAJENDRA SINGH RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the Criminal Appeals have been filed against a common judgment dtd. 22/5/2008, passed by learned Sessions Judge, Tehri Garhwal in Special Sessions Trial No.02 of 2007, "State vs. Rajendra Singh Rana and Smt. Nirmala Bisht", by which, the appellants have been convicted and sentenced to undergo simple imprisonment for a period of three months along with a fine of Rs.500.00each for the offence punishable under Sec. 323 of the India Penal Code, 1860 (for short, 'IPC'), they have been convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.1,000.00each for the offence punishable under Sec. 452 IPC, and, they have been further convicted and sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.500.00 each for the offence punishable under Sec. 504 IPC with default imprisonment. All the sentences have been directed to run concurrently.

(2.) These Criminal Appeals are connected appeals, therefore, these appeals are being decided by this common judgment. Criminal Appeal No.130 of 2008 will be treated as a leading case.

(3.) According to the prosecution, the informant Smt. Chandrakanti (PW4) was a member of Scheduled Caste. On 10/6/2006, at about 10:00 a.m., an unknown man and an unknown woman came to informant's house. They assaulted her and her husband and abused them using casteist slurs. First Information Report (Ext. Ka1) was lodged by Smt. Chandrakanti/victim through her written information (Ext. Ka4). Charge-sheet was filed against the appellants under Ss. 452, 323, 504, 506 IPC and Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, "Act, 1989").