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2014 Supreme(UK) 407

SERVESH KUMAR GUPTA
Rakhi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. Ramji Srivastava Advocate, for the appellant.
Mr. Vinod Jemini, Dy. Advocate General (Cri), for the State.

Judgment :

1. Smt. Bala @ Rajbala (A1, mother) and Km. Rakhi (A2, daughter) were tried for the offence of Section 306 IPC in Sessions Trial No. 50/2004 and the trial culminated into acquittal of A1 by the learned Court below. However, A2 was found guilty of the said offence and she was sentenced to one year’s simple imprisonment nay a fine of rupees five hundred. The trial pertains to Crime No. 72/2003, PS Kotwali, District Dehradun.


2. The facts emerging out from the First Information Report lodged by Chandrapal Singh, father of the deceased, are that his son Ashok @ Sonu, a young boy of 18 years, was cyclops by one eye. The accused persons were the neighbours of the informant and they were not in the cordial relations with each other. So, the accused persons, i.e. A1, A2 and another daughter of A1, namely, Km. Nisha, used to insult Ashok by addressing him as either cyclopian or blind. This way, they were in the habit of making fun of him. This repeated addressing was the order of the day on the part of the accused persons giving rise the mental tension to Ashok. The fateful day came on 10.2.2003, when hearing the same words from the utterances of the accused persons, Ashok became






























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