LAWS(UTN)-2014-6-40

GOVIND RAM Vs. STATE OF UTTARAKHAND

Decided On June 03, 2014
GOVIND RAM Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of acquittal dated 13.9.2004 passed in Criminal Case No. 101/2003. Govind Ram, aged 70 years, is the complainant, while Balam Singh and his wife Smt. Satyavati are the accused persons. Smt. Satyavati was also the Pradhan of the village at the relevant time. Both parties hail from the same village.

(2.) I have gone through the impugned judgment and find that criminal prosecution was launched by Balam Singh against the complainant as well as PW2 Surendra Lal which was pending in the Court of Sub Divisional Magistrate, Thailisain. It has been admitted by the complainant in his statement under Section 244 CrPC that if Balam Singh had not launched the prosecution against him, he would not also have instituted the present complainant against him.

(3.) SURENDRA Lal (PW2) is also an interested witness because he was also the accused in the criminal prosecution launched by Balam Singh in the Court of Sub Divisional Magistrate, Thailisain.