ASHUTOSH BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 28.02.2007 passed by Chief Judicial Magistrate, Pithoragarh in Criminal Case No.2/2006 as well as the judgment and order dated 08.04.2010 passed by Sessions Judge, Pithoragarh in Criminal Appeal No.07/2007, whereby said courts have convicted the revisionist under Section 326 of The Indian Penal Code, 1860 and has sentenced him to undergo rigorous imprisonment for a period of two years along with a fine of Rs.3,000/-.

(2.) Prosecution story, in brief, is that complainant Vipul Joshi lodged an F.I.R. with P.S. Berinag, District Pithoragarh on 17.03.2005 stating therein that a quarrel took place between his mother Smt. Narayani Joshi and the accused/revisionist Ashutosh Bhatt and the accused inflicted a blow from the opposite side of axe on the right leg of his mother due to which his mother sustained injury on his leg. He also alleged that a case against the accused is already pending in the court and that the accused threatens his family. With these averments, F.I.R. was lodged by the complainant at 08:40 pm which is Ext.A1. On the basis of F.I.R., Chik F.I.R. was prepared and case crime no.73/2005 under sections 324, 326, 504, 506 of IPC was registered against the accused/revisionist. On the selfsame day, injured Smt. Narayani Joshi was medically examined at Community Health Centre, Gangolihat but due to serious injuries, she was referred to District Hospital, Pithorgarh. Investigation of the case was handed over to Sub Inspector Ajay Shah, who during the course of investigation, recorded statements of the witnesses, inspected the place of occurrence and prepared the site-plan. On completion of investigation, he filed the charge-sheet against the accused. On 16.09.2005, learned Judicial Magistrate, Pithoragarh framed charge of offence punishable under Sections 324, 326, 504 and 506 of IPC against the accused/revisionist. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. On denial, trial begun. In order to prove its case, prosecution got examined as many as seven prosecution witnesses viz. PW1 Smt. Narayani Joshi (injured), PW2 Vipul Joshi, eyewitness of the incident and scribe of report, PW3 Dr. Ajeet Singh, Medical Officer, who on the relevant date and time was posted at Community Health Centre, Gangolihat, PW4 Dr. Mahesh Chandra, Medical Officer, District Hospital, Pithorgarh, PW5 Dr. B.C. Tripathi, Radiologist, PW6 Const. Heera Singh, Head Mohirror and PW7 Sub Inspector Ajay Shah, Investigating Officer. After closure of prosecution evidence, statement of the revisionist-accused were recorded u/s 313 of Cr.P.C. in which he denied the allegations made against him. After hearing the parties and on perusal of evidence, trial court convicted and sentenced the revisionist-accused as above. Feeling aggrieved, revisionist-accused preferred appeal before the Sessions Judge, Almora, which also got dismissed by the judgment and order impugned.

(3.) Having gone through the entire evidence on record, and after considering the submissions of learned counsel for the parties, I do not find any illegality or perversity in the impugned judgments and orders passed by the courts below.