BHAIRAV DUTT BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 15.06.2004 passed by learned Additional Sessions Judge, Haldwani in S.T. No.63 of 2000, State vs. Bhairav Dutt Bhatt, whereby, the appellant-accused, was convicted by the Court below u/s 307 IPC and sentenced to undergo five years' R.I. with fine of Rs.3,000/-, and in case of failure in depositing the fine, to undergo six months' additional rigorous imprisonment.

(2.) Brief facts of the present case, inter alia, are that PW1 Harish Chandra Bhatt gave a report on 23.9.1999 with the averments that accused Bhairav Dutt Bhatt and complainant are having houses adjacent to each other, and father of both of them are brothers. On 23.9.1999 at about 6 PM, appellant, who does the job in Home Guard, came at the house of complainant being armed with a government rifle and began to threat; at that time, in the house of complainant, his father, mother, wife and the wife of his younger brother were present; when they all objected to the appellant, then the appellant threatened that on that day, he would not leave them and then he shot four fires from the government rifle; one fire hit on the left elbow and stomach of complainant's father, another shot, hitting his mother, struck on the wall, the third one hit on the right hand of complainant, while the fourth one was a missed fire. Then the complainant and his brother Gopal Dutt caught hold of accused and while they were bringing him to the police station, on the way, Vijay Khati and others also met who also kept on holding the accused and after moving to some extent, the accused fled away. The government rifle and cartridges were taken from the accused by the complainant. With these averments, the report was lodged.

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