SURJEET SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision is preferred against the judgment and order dtd. 22/1/2011 passed by learned Additional Sessions Judge, Rudrapur, Udham Singh Nagar, in Criminal Appeal no.92 of 2010, whereby the said Court has affirmed the order and judgment dtd. 1/7/2010 passed by the learned Additional Chief Judicial Magistrate, Khatima, Udham Singh Nagar in Criminal Case No. 409 of 2008 (Crime No. 1407 of 2005) in "State Vs. Surjeet Singh and another" U/s Sec. 323 and 325 of IPC, convicting and sentencing the revisionists U/s 323 of IPC for six months' rigorous imprisonment and a fine of Rs.2,000.00 each and U/s 325 of IPC for one year rigorous imprisonment and a fine of Rs.3,000.00.

(2.) Factual matrix of the case is that Harbans Singh lodged a report on 20/7/2005 with the allegations that he had gone to bring labourers to cut the paddy crop and while returning back to home the accused Surjeet Singh and Billu stopped him in front of their house and assaulted him with lathis and dandas. On the alarm raised by him, Gurdev Singh and Jagir Singh reached there and saved him. He got himself examined at Government Hospital and lodged a report at P.S. Nanakmatta to this effect.

(3.) After completion of the investigation, charge-sheet was submitted by the police against the accused under Sec. 323 and 325 of IPC and accordingly charges were framed against the accused, which they denied and claimed trial.