BHAGWAN DAS SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PW 1 Prakash Bisht set the criminal law into motion by lodging FIR (Ex.Ka -1) at Police Station Tehri, District Tehri Garhwal on 03.07.2000 against two unknown persons. The same was registered as case crime no.337/2000 under Sections 328, 379, 394, 457 and 511 IPC. The incident allegedly took place in the intervening of 02/03.07.2000. The FIR was lodged on the selfsame day on 03.07.2000 at 3:15 AM. The distance between the place of incident and the police station was 11/2 kms. Hence, there appears to be no delay in lodging FIR.

(2.) INVESTIGATION began on the basis of said first information report. After investigation of the case, a charge -sheet was submitted against the accused -appellants for the offences punishable under Sections 328, 329, 394, 457, 411 and 511 IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge against the accused persons was framed for the offences punishable under Section 323 IPC read with Section 34 IPC and Section 328 IPC read with Section 34 IPC, to which they pleaded not guilty and claimed trial.

(3.) PW 1 Prakash Singh (victim -informant), PW2 Jaspal Singh, PW3 Bachan Singh, PW4 Purshottam Prasad Bahuguna, PW5 Dr. M. K. Singh and PW6 Head Constable Arjun Singh 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.