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2024 Supreme(UK) 378
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Pankaj Purohit, J.
Gyan Giri and others - Appellants
Versus
State of Uttarakhand - Respondent
Criminal Appeal No. 422 of 2007
Decided On : 14-03-2024
Advocate Appeared:
For the Appellant : Mr. Parikshit Saini, learned counsel
For the Respondent: Mr. K.S. Bora, learned DAG and Mr. S.C. Dumka, learned AGA
IMPORTANT POINT
The court established that consistent eyewitness testimony and medical evidence are critical in upholding convictions for violent offenses.
Headnote:
Criminal - IPC Convictions - Sections 148, 324, 325 - The court upheld the trial court's convictions under IPC sections for rioting and causing grievous hurt, emphasizing the consistency of eyewitness testimonies and medical evidence supporting the prosecution's case.
Fact of the Case:
The appellants were convicted for rioting and causing injuries during a dispute over property, with multiple eyewitnesses corroborating the prosecution's account of the incident.
Finding of the Court:
The court found the trial court's conviction justified based on consistent eyewitness testimonies and medical evidence, dismissing the appellants' claims of false accusations.
Issues: Whether the trial court erred in convicting the appellants based on the evidence presented.
Ratio Decidendi: The court affirmed that the consistency and credibility of eyewitness accounts, along with corroborating medical evidence, were sufficient to uphold the convictions.
Result: The appeal was dismissed, affirming the trial court's judgment and sentences.
JUDGMENT :
Pankaj Purohit, J.
The appellants have preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’), challenging the judgment and order dated 17.10.2007, passed by learned Ist Additional Sessions Judge/F.T.C. Haridwar in Sessions Trial No.350 of 2001, whereby the trial court at the end of trial convicted the appellants under Section 148 IPC and sentenced them to undergo rigorous imprisonment for a period of one and half year. The appellants were further convicted under Section 324 IPC and were sentenced to undergo three years rigorous imprisonment. The appellants were further convicted under Section 325 IPC and sentenced them to undergo three years rigorous imprisonment with a fine of Rs.2,000/- each, with default stipulation of three months additional imprisonment. All the aforesaid sentences were directed to run concurrently.
2. During pendency of the appeal, appellant no.1-Gyan Giri passed away and accordingly the appeal stood abated against him by order dated 03.08.2023 passed by this Court.
3. In a nutshell, case of the prosecution is that PW1-Shyam Giri gave a report at Police Station Ranipur, District Haridwar with the averments that in the morning of the said day at about 10:15 his neighbors/accused-Gyan Giri was closing his jangla. When the informant inquired the reason of closing jangla, accused-Gyan Giri began hurling abuses. When the informant checked him to do so and asked to lodge a report against him in the police station, the accused persons namely, Gyan Giri and Ramesh Giri armed with country-made pistols, accused-appellants:-Naresh Giri and Dinesh Giri having tabals and accused/appellant-Mahesh Giri holding an iron rod in his hand came on the spot and committed maarpeet with father of the informant PW2-Jaswant Giri, PW4-Mani Ram (uncle), PW5-Madan Giri, Suraj Giri and informant with their respective weapons, due to which the informant sustained severe injuries. Mukesh Chauhan and PW3-Vijendra Kumar and several other people of the village reached at the spot, who witnessed the incident and saved the informant and a case was registered against the accused persons. Injured persons were thereafter medically examined. After completing investigation Police filed charge-sheet against the appellants and Late Gyan Giri. Subsequently, the case was committed to Sessions Court for trial. On 09.11.2001 charges against the appellants under Sections 147, 148, 323, 324, 325, 506 and 507 IPC was framed which accused persons denied and claimed to be tried.
4. As many as nine witnesses were examined namely, PW1-Shyam Giri, PW2-Jaswant Giri, PW3-Vijendra Kumar, PW4-Mani Ram, PW5-Madan Giri, PW6-Dr. O.P. Sharma, PW7-Const. Baru Singh, PW8-S.I. S.L. Azad, PW9-Dr. R.K. Pandey.
5. Thereafter the statement of accused/appellants were recorded under Section 313 of CrPC, in which they have stated the case to be false and further stated that people from informant side had come to their house and committed maarpeet and in their defence they lodged a false report against them. However no defence evidence was produced by appellants, in support of their case. The trial court at the end of trial has convicted and sentenced the appellants as mentioned in para no.1 of the judgment, hence this appeal.
6. I have heard learned counsel for the parties and carefully perused the entire material available on record.
7. PW1-Shyam Giri is the informant of the case, he has reiterated version of the FIR. According to him, on 04.10.2000 at 10:15 A.M. his uncle-Gyaan Giri, by constructing a wall, was closing his jangla when father of the informant asked the reason for the same, the accused persons hurled filthy abuses and when stated by him that he would lodge a report at police station, on this the accused persons became annoyed and thereafter the accused holding country-made pistols, tabals and iron rod came on the spot and caused injuries to the informant, his father and uncle. This incident was wi
