STATE OF UTTARAKHAND Vs. SAMAY SINGH

JUDGEMENT

(1.) In this appeal preferred under Sec. 378(3) of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C."), the State has challenged the acquittal of respondents-accused under Sec. 452, 308/34 of IPC, which was passed by learned Sessions Judge/ 1st FTC, Haridwar in Sessions Trial No 131 of 1997 on 24/6/2008.

(2.) Facts of the prosecution story, as narrated in the noncognizable report (NCR) are that the informant Chote Lal lodged the NCR at Police Station Ranipur against the respondents-accused persons with the averments that on 10/3/1986, his sister Kela had gone in the jungle to cut the grass. The respondents-accused persons abused the sister of informant on the issue of cutting grass and when his sister informed about this fact to the informant, he (informant) also went on the spot, where, respondents-accused persons assaulted him with batons and sticks due to which he sustained injuries. During investigation, the Investigation Officer began to investigate the NCR and after inquiry, he converted the NCR into the Crime Number, added Sec. 452 IPC, and on the basis of inquiry report of injured persons, also added Sec. 308 IPC. Investigation of this matter was entrusted to PW12 SHO J.P. Juyal, who during the course of investigation, recorded statement of the witness, prepared the site map and on culmination of investigation, submitted a charge-sheet Ex.Ka-11 against the respondents-accused persons under Sec. 452, 308/34 of IPC in the Court. The injured persons were also medically examined by PW4 Dr. Pradeep Kumar in Government Hospital, Haridwar.

(3.) The charge was framed against the respondents-accused persons under Ss. 452, 308/34 of IPC by the Court of learned Sessions Judge/ 1st FTC, Haridwar, which the respondents-accused persons denied and they claimed trial.