JAGDISH CHANDRA JOSHI Vs. STATE OF UTTARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as "the Cr.P.C.") against the judgment and order dtd. 27/4/2005 passed by learned Sessions Judge, Champawat in Sessions Trial No.14 of 2003, whereby appellant has been convicted and sentenced as under:-

(3.) The facts of the case in brief are that on 30/4/2003 at around 10:30 p.m. some drunkards were creating nuisance near a tourist guest house in Lohaghat. To this, informant's son, namely, Gopal Singh asked them not to make noise from outside his house. On hearing this, Jagdish Chandra Joshi (appellant herein) and some of his other companions came towards into the courtyard and attacked on the head of the informant's son with a hammer, due to which, he became unconscious; fell on the ground and was soaked in blood. Since there was no man in the house, the informant's son could not be taken to the hospital till morning and in the morning he was given primary healthcare. Thereafter, the accused persons threatened the wife of the informant and his daughter-in-law for dire consequences.