SHYAMU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, under sec. 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C) is directed against the judgment and order dtd. 5/12/2003 passed by the Additional Sessions Judge/FTC VII, District Dehradun in Sessions Trial No. 125 of 2002, whereby the appellant was convicted under sec. 308 and 323 of Indian Penal Code, 1860 ( for short IPC). Convict-appellant was sentenced to rigorous imprisonment for a period of 3 years under sec. 308 IPC and six months simple imprisonment under sec. 323 IPC. Both the sentences were directed to run concurrently.

(2.) It would be necessary to set out the brief facts of the case which gave rise to the present criminal appeal. The brief facts are extracted hereunder:-

(3.) The case was committed to the Court of Sessions for trial. The trial court framed charges against the appellant under Sec. 308, 504, 506(2) and 323 IPC. To the said charges, appellant pleaded not guilty and claimed to be tried.