AMAR PRATAP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE the aforesaid Criminal Revision and the Criminal Government Appeal arise out of the same judgment and order dated 03.09.2004, passed by Additional Sessions Judge/4th F.T.C., Haridwar, therefore, both the cases are being decided by this common judgment for the sake of brevity and convenience.

(2.) PW 1 Amar Pratap (revisionist herein) wrote a complaint (Ex.Ka -1) on 25.07.1998 against Rajpal, Shekhar, Chandra, Bhupendra and Udai, which was registered as case crime no.124/1998 at police station Laksar, District Haridwar, under Sections 147, 452, 504 and 304 IPC, enumerating the facts contained therein that on 24.07.1998 at 7:00 AM, Rajpal, Shekhar, Bhupendra and Udai trespassed his house, hurled abuses at his elder brother and assaulted him with lathies (sticks). Brij Bhushan, Rajesh Sharma and Brij Mohan intervened. PW1 also made an effort to save his elder brother. The injured was taken to Laksar hospital, whereupon he was referred to District Hospital, Haridwar. On 25.07.1998, the injured died.

(3.) WHEREAS the incident allegedly took place on 24.07.1998 at 7:00 AM, the chick FIR was lodged on 25.07.1998 at 3:15 PM. The distance between the place of incident and the police station concerned was 2 kms, hence, there appears to be delay in lodging FIR.