SALIM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Salim was tried for the offences of Section 323/34, 452 and 364/34 IPC. The trial culminated into his acquittal for the offence of Section 452 IPC, while for rest of the offences, the guilt was attributed upon. Him. He has appropriately been sentenced by the Trial Judge. The Sessions Trial No. 109/2000 pertains to Crime No. 535/98, PS Rudrapur, District Udham Singh Nagar.

(2.) INCIDENT allegedly occurred on 5.6.1998 at 7.30 PM, when PW1 Smt. Champa Haldar, the mother of the victim, was all alone in her hut shaped house. She is the refugee from Bangladesh. The miscreants, in all four including the appellant, entered in her house. She knew only the appellant Salim, while she was not in acquaintance with rest of the three. They all came nurturing the common intention in their mind and began to beat the 16 years old son Michel of the informant very cruelly. When she came to the rescue of her son, the assailants also bate her. In this scuffle, she lost her golden earring and the nose pin. The intruders took out Michel dragging from the house, made him pillion on the scooter and escaped from the spot. The massive hunt for Michel could yield no result. This First Information Report was lodged by Smt. Champa Haldar on 13.6.1998 at 22 PM. After investigation, chargesheet was submitted only against Salim for the offences indicated above and the trial ended as aforementioned.

(3.) I have heard learned Counsel for the appellant as well as learned State Counsel.