GEETA; ASHOK @ PAULI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the above titled appeals are being adjudicated by this single judgment, as the challenge has been made to the same judgment and order dated 3rd March, 2004, passed by learned Additional Sessions Judge, Dehradun. There were two sessions trials (1) S.T. No.18/2003, State Vs. Smt. Geeta (A1) and (2) S.T. No.119/2003, State Vs. Ashok @ Pauli (A2). As they both were related to the same non-cognizable report, hence the court below consolidated them.

(2.) The incident has occurred on 20th December, 2002 around 03:30 p.m., when injured Asha Ram (PW1) somehow went to the almost neighbouring house of A1, where A2 was also present. This A2 has been disclosed to be the paramour of A1. A quarrel erupted inside the house of A1, where A2 hurled filthy abuses and caught the collar of PW1. A1 also gave a blow of iron rod on the head of PW1 making him seriously injured. Hearing the hue and cry, the adjacent neighbours assembled to the rescue of PW1. Later on, PW2 Smt. Lata (wife of PW1) and PW3 Nutan Chand (brother of injured) arrived at the spot and shifted the seriously injured Asha Ram to the nearby Coronation Hospital, where he was medically examined on the same day at 04:10 P.M. The doctor found the following injuries on his body:-

(3.) Since, the flow of the blood could not be stopped from his head, so the injured was later shifted to the District Hospital, Dehradun around 09:00 P.M. of the same day. The injury report of the Doon Hospital is Ex.Ka-4, wherein the following injuries were recorded: -