CHANDAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both the above-named appellants have been convicted by the same judgment and order, hence the present appeals have been taken up together and are decided by this common judgment.

(2.) These appeals, preferred by the appellants u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed against the judgment and order dated 06.01.2010 passed by learned Special Judge, Uttarkashi in Sessions Trial Nos. 4/2008 and 5/2008, whereby the Court below has convicted both the appellants under Section 323 of the Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced each of them for the period already undergone by them. Further, for the offence u/s 3(1)(x) of the SC/ST Act, they were to undergo six months' R.I. with fine of Rs. 500/- each, along with default stipulation.

(3.) Facts, in nutshell, are that PW2 Hukum Lal submitted an application u/s 156(3) Cr.P.C. on 07.08.2007 in the Court of CJM, Uttarkashi, with the averments that he is a member of scheduled caste and is posted as an In-charge in Govt. Fruit Conservation Center in Tourism Department. His wife named Smt. Sangeeta runs a juice shop in Gyansu. On 6.8.2007 at 8:45 PM, his wife went home asking him to come back after closing the shop. While he was in the shop, it began to rain. As soon as he moved for his house taking an umbrella, both the appellants reached there and demanded umbrella from him. The complainant refused to give the umbrella; on this, both the appellants hurled caste indicative words to him and threatened him that he and his wife would not be allowed to stay there and then both the accused bent upon to beat him. Appellant Babu @ Virendra Singh pressed his neck while appellant Chandan Singh beaten him with fists and kicks by which the complainant suffered the injuries.