SANGRAMMU LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal revision is directed against the judgment and order dtd. 28/5/2013, passed by the learned Sessions Judge, Rudraprayag in Criminal Appeal No.02 of 2011, 'Sangrammu Lal and Ors. Vs. State of Uttarakhand', whereby, the judgment and order dtd. 28/1/2011 passed by the learned Judicial Magistrate-First Class, Rudraprayag, in Criminal Case No. 79 of 2010, 'State Vs. Sangrammu Lal and Others', convicting the revisionists/accused persons under Ss. 147 and 323 of IPC, was upheld and the appeal filed by the revisionists/accused persons was dismissed.

(2.) The revisionists/accused persons were convicted by the learned Judicial Magistrate-First Class, Rudraprayag under Ss. 147 and 323 of the IPC and were sentenced to undergo six months' rigorous imprisonment with fine of Rs.1,000.00 each under Sec. 147 of IPC, with default stipulation, one month additional simple imprisonment each and were sentenced to undergo six months' rigorous imprisonment with fine of Rs.1,000.00 each under Sec. 323 of IPC, with default stipulation, one month additional simple imprisonment each.

(3.) The brief facts of this case are that complainant-Tej Singh and the accused persons are the residents of same village. On 31/7/2006, complainant Tej Singh had filed a complaint against the accused persons Sangramu Lal, Chhota Lal, Indra Lal, Kunwar Lal and Smt. Jasoda Devi under Ss. 147, 427, 504 and 506 of IPC in the Court, in which 15/9/2006 was fixed for their appearance and summons were issued against them. The accused persons bore enmity with the complainant and his family and on 31/8/2006 at 08:00 PM, the accused persons entered into the house of the complainant with an intention to kill the complainant and they started beating him. When the wife of complainant, Smt. Basanti Devi intervened, accused Chhota Lal and others along with Jashoda Devi, Bongali Devi, Moti Devi, Km. Kutani, Kunwari Devi, Km. Rupoti, wife of Chhota Lal suddenly rushed upon her and beat her badly. Shyam Lal, Kalam Singh, Geena Singh, Ranjeet Singh, Gabar Singh and other people saved them from the accused. During the course of incident, the accused persons snatched Rs.3000.00 from the pocket of the complainant. They also looted Torch, Flour, Rice and Rs.8000.00 in cash from the house of Shyam Lal. The complainant along with other villagers went to Patwari Chowki for lodging the report the same night, but the Patwari and his peon were fully intoxicated and so they told them to come next day. As the incident was of the night, so the medical examination of the injured could not be conducted promptly. Sri Abbal Singh Gram Prahari also remained with them in the night. On the next day the complainant and his wife came to Rudraprayag where they got themselves medically examined, got their medical certificates and then moved an application before the Court of learned Chief Judicial Magistrate, Rudraprayag.