Subhash VS State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

PANKAJ PUROHIT
Subhash – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Counsel for the Parties:
For the Appellants: Mr. Parikshit Saini, learned counsel
For the Respondent-State: Mr. Bhaskar Chandra Joshi, learned AGA with Mr. J.P. Kandpal, learned Brief Holder

JUDGMENT

In this appeal preferred by the appellants under Section 374 CrPC, the challenge has been made to the judgment and order dated 04.12.2007, passed by learned FTC/IIIrd Additional Sessions Judge, Haridwar in Sessions Trial No.200 of 1999, State Vs. Subhash and others, whereby the said court at the conclusion of trial has held the appellants-Subhash and Ram Prasad guilty for the offence punishable under Section 323 IPC and sentenced each of them to undergo one year rigorous imprisonment with a fine of Rs.5,000/- in default of payment of fine, the defaulter was directed to undergo one month additional simple imprisonment.

2. The appellants were further convicted under Section 504 IPC and sentenced to undergo one year rigorous imprisonment within a fine of Rs.5,000/- and in default to undergo one month additional simple imprisonment. Both the sentences were directed to run concurrently.

3. Facts of the case in a nutshell are that an application was lodged by PW1-Dharma in the court of learned Judicial Magistrate, Haridwar with the averments that on 20.05.1996 at about 07:00 PM, accused-Subhash, Ram Prasad, Rampal, Jailpal and Narendra surrounded him on the way and while hurling