STATE Vs. JETHU

JUDGEMENT

(1.) THE appeal preferred under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 7 -1 -1991, passed by learned Sessions Judge, Uttarkashi, in Sessions Trial No. 2 of 1990, whereby respondent Jethu has been acquitted of charge of offences punishable under Section 354 and one punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.)

(2.) HEARD learned Counsel for the parties and perused the entire lower Court record.

(3.) THE Magistrate on receipt of the charge sheet, after giving necessary copies to the accused as required under Section 207 of Cr.P.C. committed the case to the Court of Sessions for trial. Learned Sessions Judge, Uttarkashi after hearing the prosecution framed charge of two heads i.e. first relating to offence punishable under Section 354 of I.P.C. and the second relating to offence punishable under Section 302 of I.P.C. on 22 -5 -1990. The accused Jethu pleaded not guilty and claimed to be tried. On this prosecution got examined P.W. 1 Smt. Sauna Devi, complainant and eye -witness, P.W. 2 Deepa, eye -witness, P.W. 3 Pyar Chand, a villager to whom the incident is narrated by Deepa, P.W. 4 Shishpal Singh, the reporter of Ext. A -2, P.W. 5 Dr. S.K. Pant, who medically examined Deepa, P.W. 6 Dr. A. Gairola, who conducted the post -mortem on dead body of Darshan Singh and P.W. 7 R.S. Panwar, Patwari (Investigating Officer). Oral and documentary evidence was put to the accused Jethu under Section 313 of Cr.P.C. to which he alleged that the evidence adduced against him is false and he has been implicated due to enmity. However, no evidence in defence is adduced. After hearing the parties the trial Court found accused Jethu not guilty of the charge of offences punishable under Sections 354 and 302 of I.P.C. and acquitted him. Aggrieved by said judgment and order dated 7 -1 -1991, passed by learned Sessions Judge, Uttarkashi, in Sessions Trial No. 2 of 1990, this appeal under Section 378 of Cr.P.C. was preferred by the State before Allahabad High Court on 8 -4 -1991. Allahabad High Court granted the leave to appeal on 16 -7 -1992 and admitted it. This appeal is received by this Court by transfer under Section 35 of U.P. Reorganisation Act, 2000, for its disposal.