IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL

Criminal Revision No.296 of 2014

1. Pappu alias Pushkar Singh

2. Girdhari Singh

Both sons of Sri Keshar Singh,

Both R/o Village Majhpeepal,

Thana Pancheswar,

District Champawat

.…Revisionists

Versus

State of Uttarakhand

….. Respondent

Mr. Devesh Upreti, Advocate for the revisionists.

Mr. V.S. Rathore and Mr. Ranjan Ghildiyal, A.G.A. for the

State.

JUDGMENT

Hon’ble Lok Pal Singh, J.

This criminal revision is directed against

the judgment and order dated 02.08.2013 passed by

Chief Judicial Magistrate, Champawat in Criminal

Case No.174 of 2013 State vs. Pappu alias Pushkar

Singh and another, whereby the accused-revisionists

have been convicted u/s 452 of I.P.C. and have been

convicted sentenced to simple imprisonment for a

period of one year alongwith a fine of Rs. 500/-. They

have further directed u/s 323 of IPC and have been

sentenced to simple imprisonment for a period of six

months along with a fine of Rs.500/- each. In default

of payment of fine, the revisionists have to undergo

simple imprisonment for a period of one month. They

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have been further convicted under Section 504 & 506

of I.P.C. and have been sentenced to undergo simple

imprisonment for a period of one year and a fine of

Rs. 500/- each in each Section. In default of payment

of fine, the revisionists have to undergo simple

imprisonment for a period of one month. The court

below directed that all the sentences were directed to

run

concurrently.

The

accused/revisionists

also

challenged the judgment and order dated 29.11.2014

passed by learned District and Sessions Judge,

Champawat in Criminal appeal No. 10 of 2013 “Pappu

alias Pushkar Singh and another Vs. State of

Uttarakhand”, whereby courts below have convicted

and sentenced the accused-revisionists u/s 323, 504

506 of I.P.C. and acquitted the accused-revisionists

under Section 452 I.P.C.

2.

Prosecution story, in brief, is that on

27.08.2011, a report at Kotwali-Pancheswar, District

Champawat was lodged by one Joga Singh PW1 with

the averments that while he was going to the market

to get the household goods, the accused/revisionist-

Pappu and Girdhar Singh, who was riding the motor

cycle, stopped the motor cycle and both of them

grabbed my collar and started the fight. Thereafter,

Joga Singh escaped after saving his life and came to

one Chandra Singh's house. Both of them ran to

Chandra Singh's house and started abusing him and

present accused/revisionists assaulted him with a

stick, as a result of which, he become unconscious

and fell down on the floor. Due to the incident, Joga

Singh and Chander Singh were suffering from lot of

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injuries. These two brothers threatened to kill us.

After registration of F.I.R., the investigation was

commenced. The Investigation Officer during the

course of investigation recorded the statements of

injured, prepared the site-plan and after completing

the investigation, submitted the charge sheet against

the accused/revisionists for their trial in respect of

offences punishable under Sections 452, 323, 504

and 506 of IPC.

3.

Judicial Magistrate, on receipt of charge

sheet, after giving necessary copies to the accused

persons as required under section 207 Cr.P.C.,

committed the case to the court of Sessions for trial.

Thereafter, the Sessions Judge, after hearing the

parties, framed charge under Sections 452, 323, 504

& 506 of I.P.C.. The charge was read over and

explained to the accused, to which they pleaded not

guilty and claimed to be tried.

4.

To prove its case, the prosecution got

examined PW1 Joga Singh, PW2 Laxmi Devi, PW3

Sunita Devi, PW4 Manju Devi, PW5 Chander Singh,

PW6 Praveen Chander Pandey, PW7 S.I. Damodar

Bhatt (Investigating Officer), PW8 Dr. K.R. Saun and

PW9 Dr. S.S. Bisht. Thereafter, oral and documentary

evidence was put to the acc