DORI LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ASHERAM wrote a complaint to Inspector Incharge, Kotwali Rudrapur, Kichha, District Udham Singh Nagar on 09.08.1998 at 5:45 AM against Bhupal, Dori Lal and Rakesh @ Pappu s/o Bhupal, which was registered as case crime no.777/1998 under Sections 307 / 506 IPC. It was alleged in the FIR that when the informant was sleeping in his house alongwith his family members, accused persons, namely, Bhupal, Dori Lal and Rakesh (son of accused Bhupal) came to his house. They were armed. Accused Dori Lal fired on informant's grandson, i.e., Om Prakash, who sustained injuries on his left leg. When the fire broke out, the people of the vicinity assembled there. Accused Bhupal, Dori Lal and Rakesh fled away from the place of incident. Injured Om Prakash was taken to the Government Hospital, Rudrapur from where he was referred to the higher centre at Bareilly, keeping in view his critical condition.

(2.) AFTER the investigation, a charge -sheet (Ex.Ka -4) was submitted against all the accused persons for the selfsame offences. The case was committed to the court of Sessions. Since the accused Rakesh was juvenile at the time of commission of offence, his case was separated. When the trial began and prosecution opened it's case, charge was framed against the accused -Dori Lal and Bhupal for the offences punishable under Section 307 IPC and Section 506 IPC. Accused appellants pleaded not guilty to the charge and claimed trial.

(3.) PW 1 Om Prakash (injured), PW2 Sukh Pal (brother of injured), PW3 Dr. Ashok Kumar Gupta (Medical Officer) and PW4 S.I. Ravi Tyagi (Investigating Officer)were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence.