SUBHASH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this appeal preferred by the appellants under Sec. 374 CrPC, the challenge has been made to the judgment and order dtd. 4/12/2007, passed by learned FTC/IIIrd Additional Sessions Judge, Haridwar in Sessions Trial No.200 of 1999, State Vs. Subhash and others, whereby the said court at the conclusion of trial has held the appellants-Subhash and Ram Prasad guilty for the offence punishable under Sec. 323 IPC and sentenced each of them to undergo one year rigorous imprisonment with a fine of Rs.5,000.00 in default of payment of fine, the defaulter was directed to undergo one month additional simple imprisonment.

(2.) The appellants were further convicted under Sec. 504 IPC and sentenced to undergo one year rigorous imprisonment within a fine of Rs.5,000.00 and in default to undergo one month additional simple imprisonment. Both the sentences were directed to run concurrently.

(3.) Facts of the case in a nutshell are that an application was lodged by PW1-Dharma in the court of learned Judicial Magistrate, Haridwar with the averments that on 20/5/1996 at about 07:00 PM, accused-Subhash, Ram Prasad, Rampal, Jailpal and Narendra surrounded him on the way and while hurling abuses to him, Subhash threatened that he would let the informant understand the consequences of lodging a case and then all these people began to commit maarpeet with the informant by sticks, batons, fists and slaps.