Ganesh Datt vs State Of Uttarakhand

4. Accused Sudarshan who was then the village Pradhan went to the Police Station Rudrapur and lodged a 4 First Information Report against Prabhunath, Motilal and Bali Raj at 7.25 a.m. on 26.8.1989 and a case was registered as Crime No. 583 of 1989 for the alleged offences under Sections 307 and 324 IPC. PW3 Ram Lakhan took the injured Prabhunath, PW2 Moti Lal and Raj Bali to the Police Station Rudrapur and lodged a First Information Report at 8.10 a.m. on the same day against accused Sudarshan, Jagdish, Deep Narain, Rajendra and Ganesh Datt, on which a case was registered as Crime No.583-A for the alleged offences under Section 147, 148, 149, 307, 324 and 323 IPC and the injured were sent to hospital.

iv) An incised wound 7 cm x 5 cm x muscle deep on left upper arm, 4 cm above top of left elbow. Fresh bleeding present.

v) An incised wound 5 cm x 5 cm bone deep on tip of left elbow extending upwards. Fresh bleeding present.

9. In the cross case, final report came to be filed and it was taken on file in Sessions Trial No.177 of 1990 on 12 the file of the same Court. Both the cases were tried by the same Court. In the case of Sessions Trial No.109 of 1990, prosecution witnesses PWs 1 to 7 were examined and documents in Exh.A1 to A17 were marked and wife of the deceased Raj Kumari was examined as CW-1. The trial court in Sessions Trial No.109 of 1990 found all the five accused guilty of the charges framed against them and sentenced them as mentioned above. The appeal preferred came to be dismissed and that is now appealed against. At the same time the trial court in the cross case in Sessions Trial No.177 of 1990 found that Sudarshan Verma and his associates were aggressors and acquitted accused Motilal and Bali Raj of the charges framed against them. Challenging the acquittal the State preferred Government Appeal No.2017 of 2001 and the complainant Sudarshan Verma independently challenged the acquittal by preferring Criminal Revision No.92 of 2001 and the High Court after hearing all the matters together dismissed both the 13 Government appeal as well as Criminal Revision, by a common judgment and it has become final since there was no further challenge.

Intervening tissues clean cut. Blood oozing present.

vii) Abrated contusion 5 cm x ½ cm on front of neck left side, 3 cm above right clavicle.

viii) Incised wound 2 cm x 0.2 cm x bone deep on front of left little finger, 4 cm above root of finger. Intervening tissues clean cur. Blood oozing present.

ix) Incised wound 2 cm x 0.2 cm x bone deep on front of left ring finger, 3.5 cm above base. Intervening tissues clean cut. Blood oozing present.

xi) Incised wound 3.75 cm x 0.25 cm x bone deep on ground of left middle finger, oblique 4.5 cm above base of finger. Intervening tissues clean cut. Blood oozing present.

xii) Incised wound 4.5 cm x ½ cm x bone deep on front of left index finger. Oblique. Intervening tissues clean cut. Blood oozing present.

xiii) Incised wound 4 cm x 0.2 cm x bone deep on outer side of left hand, 2 cm above index finger, intervening tissues clean cut.

xiv) Incised wound 2 cm x 0.2 cm x skin deep – inner side left thumb, root, intervening tissues clean cut. Blood oozing present.

xv) Two lacerated wound each size 2 cm x ¾ cm x depth went to deeper tissue and ½ cm x ½ cm x depth went to deeper tissue, ½ cm apart from each other. Blood oozing. On right scapular region upper part, in area of 8 cm x 3 cm.

20. We are of the considered view that the prosecution has failed to prove the guilt of the appellants beyond reasonable doubt, and therefore, they are entitled to be acquitted.

21. In the result Criminal Appeal No.1881 of 2011 is allowed and the conviction and sentence imposed on appellant-Ganesh Datt are set aside and he is acquitted of the charges and he is directed to be set at liberty unless wanted in connection with any other case. Criminal Appeal No. 1884 of 2011 in respect of appellant Jagdish stands abated. As far as other appellants namely, Sudarshan Verma, Deep Narain and Rajendra are concerned, the said appeal is allowed and the conviction and sentence imposed on them are set aside and they are 27 acquitted of the charges and they are directed to be set at liberty unless wanted in any other case.

June 11, 2014