AMRIT LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 02.11.2004 passed by learned Additional Sessions Judge/III F.T.C. Dehradun, in Session Trial No. 147 of 2000, State vs. Sanjay and others and S.T. No. 278 of 2000, State vs. Satish, whereby the Court below convicted the appellants/accused under Section 324 read with Section 34 IPC, and sentenced to undergo one year and six months' R.I. each along with fine of Rs. 1,000/-.

(2.) Facts, in nutshell, are that on 28.05.1999 one Bharat Singh S/o Nand Ram lodged a written report with the police of P.S. Kotwali, Dehradun with the allegation that he is the resident of Badonwala, Arcadia Grant, Derhadun and he is posted as Head Master in Primary School, East Hopetown. On 27.05.1999 at 6:00 PM, his younger son-Arun was working in his field. At that time Amrit Lal, Satish his brother Bhatt, Sanjay Rathor and Prem Darshan, Dehradun came there and started beating his son without any rhyme and reason, as a result of which, he received grievous injuries. Somehow, he reached the house drenched with blood. Seeing his critical condition, his other son was taking him to Government Hospital, Premnagar for treatment and also to lodge the report. At that time Deepak @ Bhuri, Sany Rathor and Khyali Ram and threatened him that if he lodges the report against them, he will face the same consequence and after hurling filthy abuses started giving him knife blows. This incident took place at Premnagar at 9:00 PM. On raising alarm, these persons fled away from the spot leaving his son Parvesh in injured state, who was got admitted by the local inhabitants in Doon Hospital and the other son Arun was got medically examined in Government Hospital, Premnagar. Prayed that legal recourse be taken against these persons.

(3.) The I.O. during the course of investigation, inspected the place of occurrence and prepared the site plan; obtained the permission for prosecuting the appellants; and after completion of investigation, submitted the charge-sheet against the appellants u/s 324/34 of IPC.