VISHNU JAI PRAKASH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS revision u/s 397/401 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P. C.) is directed against the judgment and order dated 22nd October 2002 passed by the learned Additional Sessions Judge, F. T. C.-6 Dehradun in Sessions Trial no. 152 of 2002 State vs. Vishnu whereby the learned Addl. Sessions Judge after hearing upon learned counsel for the parties has framed charge against the revisionist for the offence punishable u/s 307 read with Section 34 of The Indian Penal Code, 1860 (hereinafter referred to as the I. P. C. ).

(2.) BRIEF facts, which emerge out from the record, are that the complainant Rajendra Singh Rana alongwith Nand Kishore and Dheer Singh Rawat were coming from Rani Pokhari to Rainapur and when they reached at Ranipokhari near the flour mill of one Jagdish then the revisionist/accused alongwith his three other associates were there in a Vikram vehicle No. U. P. 10a/3297 standing at the middle of the road and were abusing the passerby on the road. When the complainant has tried to convince and requested them to clear the way, then the accused/revisionist who was armed with DANDA alongwith his three other associates had attacked on the complainant and the revisionist/ accused caused injuries to Nand Kishore with the DANDA with intention to kill him. When the complainant and his companions have tried to save Nand Kishore then the accused/revisionist had also caused injuries with DANDA to him, which hit at his hand. The complainant alongwith his companions have tried to catch hold of the assailants and two of the assailants were apprehended on the spot with the DANDA but two of them have succeeded to flee from the place of occurrence. One of the assailants apprehended, was the accused/revisionist Vishnu and the other was Ashwani Kumar. The other assailants who fled from the place of occurrence their names were disclosed by the assailants captured as Chote Lal and Pradeep. With the same averments the first information report was lodged by the complainant Rajendra Rana against the accused persons Vishnu, Ashwani, Chote Lal and Pradeep on 18. 05. 1993 at about 6:30 p. m. at Police Station Rishikesh about the incident taken place on 18. 05. 1993 at 6:00 p. m. Distance of the place of occurrence from the Police Station is shown to be 14 kms.

(3.) THE injured Nand Prasad was medically examined by the Medical Officer at S. P. S. Hospital, Rishikesh, Dehradun on 18. 05. 1993 at 6:45 p. m. and the doctor has found the following injury on his person-