SALEKH CHAND AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Revision arises out of judgments of conviction, whereby, the present revisionists have been convicted for commission of the offences under Section 323 and 427 of IPC. By virtue of the judgment of conviction dated 13.08.2008, impugned in the Revision, each convict has been sentenced to undergo six months simple imprisonment each and a fine of Rs.200/- each has been imposed for the offences under Sections 323 and for 427 of IPC by the Judicial Magistrate, Laksar, District Haridwar. Both the sentences were to run concurrently. It was further directed that in an event if the accused revisionists fail to deposit the fine thus imposed by the conviction order, they will have to undergo, a further sentence of simple imprisonment for a period of one month each. This judgment of conviction of Trial Court dated 13.08.2008 was challenged in Criminal Appeal No. 49 of 2008, Salekh Chand and others Vs. State and others. The Appellate Court vide its impugned judgment dated 18.12.2010, had dismissed the Criminal Appeal and confirmed the sentence as imposed by the Trial Court.

(2.) Before coming to any logical conclusion, it becomes necessary for this Court to deal with the brief set of allegations, which was initially levelled by the complainant as against the present revisionists, which was initiated by virtue of lodging of an F.I.R., which was registered as Case Crime No. 236/03, under Sections 452, 323, 504, 506 and 427 IPC. After, the commission of the offences on 07.10.2003, it was the case of the complainant that he attempted to lodge an F.I.R. against the present revisionists, but, since there was denial to register the same by the Police, he has filed an application under Section 156 (3) of the Cr.P.C. on 10.10.2003 (Ex. Ka-1), on which, an order was passed by the Magistrate on 17th October, 2003, directing the SHO to register the F.I.R. and, consequently, the F.I.R. was lodged against the present revisionist on 25th October, 2003, as Case Crime No. 236 of 2003 at Police Station Laksar, District Haridwar (Ex.Ka-5).

(3.) As per the allegation levelled against the present revisionists, they were charged of their alleged involvement in the commission of offences under Sections 323, 504, 506 and 427 I.P.C. and as per the allegations, the incident is said to have been occurred on 7th October, 2003, at 7:00 p.m., whereby, the revisionist No.1, being equipped with lathi; the revisionist No. 2, being equipped with danda and revisionist No. 3, being equipped with sariya (iron rod), are said to have assaulted the victim and Nathia, who was the fourth convict, joined the three accused persons and had inflicted the injuries by beating the victim by slapping and boxing him with the blows of fists.