LAL HUSSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Lal Hussain has questioned the impregnability of the judgment and order dated 23.3.2004 rendered by the learned Additional Sessions Judge, Haridwar in Criminal Trial No. 394/2002, wherein he was found guilty for the offences of Section 332, 333 and 353 IPC. He has appropriately been sentenced for the same.

(2.) IT may be mentioned that he was tried along with the co -accused Gama bearing a separate Sessions Trial No. 394A/2002, but the trial culminated into acquittal of co -accused from all the charges levelled against him, while the present appellant was found guilty as aforementioned.

(3.) LEARNED Counsel on behalf of the appellant has based his arguments firstly on the ground that there was similar role of both the accused persons, but the Trial Court has attributed the guilt only upon the present appellant absolving the second accused. The Court is not inclined to accept such argument for the reason that the oral testimony of injured PW2 is narrating the role of Lal Hussain more prominently in giving the severe beating to Kishori Lal. The role of the other accused was subsidiary and the Court restrains itself from making any comment or remark on his role for the reason that the State has not preferred any appeal against acquittal of the co - accused.