JIWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CONVICT Jiwan Singh is in appeal before the Court challenging the judgment and order of his conviction and sentence, dated 12.7.2002, rendered by learned Sessions Judge, Pithoragarh in Sessions Trial No.26 of 1999, whereby he was found guilty for the offence of section 307 IPC, and was sentenced to undergo rigorous imprisonment for seven years' with fine of Rs.5,000/ -. At the same time, co -accused Smt. Vimla Devi was acquitted from the charges levelled against her.

(2.) THE incident occurred in the remote hills of District Pithoragarh on 3.4.1999 at 9 AM when Smt. Ganguli Devi (PW2) was harvesting wheat -crop in her field. Accused/appellant came there and attempted to outrage her modesty by catching her hair. Her resistance made the accused enraged. He inflicted the injuries to PW2 with Khukhri (a sickle like hard and sharp weapon). Many of the injuries were caused on the vital part of PW2. This incident was witnessed by Ms. Devki Devi (PW1) who was also doing the work in her agricultural field at some distance. PW1 was at height, with a gap of 5 agricultural fields, in between.

(3.) THE first information report could be lodged on the same day at 9 PM. Investigating Officer submitted chargesheet which resulted into the conviction of appellant as afore -stated.