MONA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal has been preferred by the appellant under Sec. 372 of the Code of Criminal Procedure, assailing the acquittal of the private respondents, under Ss. 323, 302 and 504 IPC, as recorded by the Trial Court vide the impugned judgment and order dtd. 8/7/2012 rendered in Sessions Trial No.9 of 2006, State v. Bablu Rawat and others.

(2.) The facts of the case are that the complainant Tilak Singh (PW1) gave a written report (Ex.Ka-1) on 6/3/2005 at 10:30 PM at P.S. Doiwala, Dehradun to the effect that on the same day at 9:15 PM, he asked his neighbours Aadesh and Rajesh to remove their electric wire from his roof as he intended to build the second floor. On this, Rajesh, Aadesh, Bablu Rawat and Kakku at once came being armed with batons and sticks and assaulted the complainant and his father Sri Subhash Chandra with the intention to kill as a result of which his father sustained several injuries and he became unconscious on the spot while the blood was oozing out from the head of complainant and he was having pain due to the injuries on his body. On raising alarm by him, these people ran away. This incident was witnessed by complainant's mother Smt. Asha Devi, his younger sister Km. Monu and several other people of village. The complainant ran to the Pradhan, got the report scribed from him and gave the same at the Police Station.

(3.) On the basis of the report Ex.Ka-1, the Chick FIR Ex.Ka-21 was recorded by the police. The inquest report was prepared which is Ex.Ka-7. The police took the injured to the hospital.