BHASKAR CHANDRA BRIJWASI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Bhaskar Chandra Brijwasi was convicted by the learned Additional Sessions Judge, Nainital on 7.5.2004. At the culmination of Sessions Trial No. 55/2003, he was found guilty for the offences of Section 506, 426 IPC and 3(1)(x) of the SC/ST Act and has been sentenced to six months which he is to undergo maximum. The trial pertains to the Crime No. 12/2001, Patwari Circle Pande Gaon, Tehsil and District Nainital. The accused appellant resides in Haldwani town, while the incident took place in village Bijrauli situated in Patti Pande Gaon.

(2.) ON 2.12.2001 at about 10 AM, appellant reached at the spot taking six persons with him. He surrounded the house of the appellant, hurled abuses with a threatening to kill him. In the course of threatening, he used caste indicative words asking the victim to leave the spot otherwise his house will be set ablazed and he will be buried. The caste indicative words and filthy abuses were also hurled by the accused to the family of the victim. The accused snapped the photos of the spot where sand and concrete were lying and the same has been brought by the victim for construction at the spot. The accused warned the victim that if he does not leave the spot by the time he visits the place second time, then he will be killed. The appellant also smashed the agricultural crop standing nearby. So, this FIR was submitted by Chandra Lal to the Patwari concerned on 2.12.2001. The photo copy of the same was also sent by him to the Sub Divisional Magistrate seeking the intervention of the law authorities. The chick report could be recorded on 5.12.2001 i.e. after three days of moving this report by the victim to the Patwari concerned.

(3.) INVESTIGATION was initially done by the Patwari and then handed over to the Circle Officer of the regular police, who have been examined in the instant case as PW4 and PW3 respectively.