VIKRAM LAL & OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the appeals are directed against the judgment and order dated 20.12.2003, passed by learned Sessions Judge, Pithoragarh, in Sessions trial No. 18 of 2001, whereby the appellants have been convicted under Section 323 read with Section 34 IPC and under Section 308 read with Section 34 IPC and each of them was sentenced to undergo rigorous imprisonment for a period of six months under Section 323/34 IPC and rigorous imprisonment for three years along with a fine of Rs. 500/- under Section 308 / 34 IPC. It was also directed that in default of payment of fine, the convicts shall undergo further three months rigorous imprisonment under Section 308/34 IPC. Both the sentences were directed to run concurrently.

(2.) Heard learned counsel for the parties and perused the entire evidence on record.

(3.) Prosecution story, in brief, is that on 02.03.1999, at 04:00 P.M., accused-appellants with common intention voluntarily caused hurt on the person of Manoj Kumar and all of them with common intention made attempt to commit culpable homicide not amounting to murder of Bobby alias Ajay Kumar by causing hurt. Complainant Manoj Kumar submitted a report (Ext. A-1) in this regard at P.S. Lohaghat, District Champawat. On the basis of said report, chik FIR (Ext. A-6) was lodged against the accused-appellants in respect of offences punishable under Section 308, 323 IPC. Injured Manoj Kumar was medically examined and his medical examination report was exhibited as Ext. A-2. Injured Ajay Kumar was also medically examined and his medical examination reports are exhibited as Ext. A-3, Ext. A-4 and Ext. A-5, respectively. After completion of investigation, charge sheet (Ext K-11) was filed against the accused-appellants for their trial in respect of selfsame offences.