MANOJ @ PAPPU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE challenge herein is to the judgment and order dated 6.6.2003 rendered by learned Additional Sessions Judge, Nainital in Sessions Trial No.311 of 1995. The said trial pertains to police station Kichha, wherein the accused persons Kishore (A1), Manoj (A2), Smt. Shanti (A3) and Smt. Prema (A4) were tried for the offence of sections 323/34 IPC r/w section 3(1)(10) of SC/ST Act. The trial culminated into the acquittal of A3. Even before trial, since Kishore (A1) absconded, so his case was separated from the present Trial. Smt. Prema (A4) was punished for the offence of section 323/34 IPC but considering her old age, she was punished only with fine, which she paid and did not prefer any appeal.

(2.) NOW , Manoj (A2) is before this Court through the instant appeal.

(3.) THE case was initially registered on 28.1.1994 vide a Non -Cognizable Report (NCR) lodged by PW1 Smt. Nanhi Devi. It appears that the residence of A2 is adjacent to that of complainant. Accused persons threw garbage in front of house of complainant, to which she objected. The quarrel cropped up, and all the accused persons, including A2, gave severe beating to complainant with Batons and Lathis in their hands. When complainant's daughter came to the rescue of her mother, she too was beaten by the accused persons. Thereafter, Smt. Nanhi Devi and her 16 years' aged daughter Km. Somwati were examined in the government hospital. The doctor examining them has recorded a number of injuries on the part of their bodies. It was opined that all the injuries though were simple in nature but caused by the blunt objects whereas duration was found to be fresh.