NAVEEN CHANDRA ARYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This criminal appeal is preferred by the appellants under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'Cr.P.C.') against judgment and order dtd. 30/9/2011 passed by learned Additional Sessions Judge/1st F.T.C. Nainital, in Sessions Trial No.81 of 2008 State Vs. Naveen Chandra Arya and others, whereby, appellants have been convicted and sentenced as under:- <IMG>JUDGEMENT_2_LAWS(UTN)7_2024_1.jpg</IMG>

(3.) The facts of the case are that the prosecution was set into motion on a written report filed by Lalit Mohan Budhlakoti, Forest Guard Kuria Beat (PW1) to Police Station Tallital stating therein that on 28/8/2006 at 11:30 AM when he was on beat with Minshun Kumar Gusain, he got information that appellant-Naveen Chandra Arya S/o Jagdish Chandra along with his family, including Naveen Chandra's wife and mother, were illegally making a path in the forest land. On receiving information, when they went to the spot, they saw that appellants were encroaching on the forest land and making a road. When he asked them to stop encroachment on the forest land, appellants insulted him by abusing and started pelting stones at him. Naveen's wife (appellant No.2) cut off the little finger of Minshun Kumar's right hand with sickle and also got stolen his mobile set bearing No.941159179. They sustained a lot of injuries due to the beating and stone pelted by them. They ran away from the spot to save their lives and threatened that they would teach them how to do a job. He informed the higher authorities about this incident and got himself treated at B.D. Pande Hospital. By disrupting the discharge of government duty as a public servant, appellants-accused persons caused grievous injuries to Minshun Kumar by fracturing and cutting his finger, insulted and threatened them with his life and property. These people keep encroaching on government land and so made a request to register a report and take legal action against appellants.