Smt. Tara vs State of Uttaranchal and Others

Hon''ble Servesh Kumar Gupta, J.—Having heard learned Counsel for the revisionist and learned Brief Holder for the State, it appears that by way of this revision, the judgment and order dated 3.1.2006, passed by the Additional Sessions Judge/Special Judge, SC/ST Act, Dehradun in Special Sessions Trial No. 7/2003 has been assailed. By the said judgment, learned Additional Sessions Judge has acquitted the private respondents, namely, Khushal Singh Negi and Dheeraj Singh, from the charges of offences punishable u/s 323, 504 IPC read with Section 3(1)(X) of the SC/ST Act. Having gone through the impugned judgment, grounds of revision and other materials on record, I do not find any irregularity, illegality or impropriety in the impugned judgment and order, which has been passed after appreciating the entire evidence in its totality. The allegations levelled by the revisionist Smt. Tara Devi were of superfluous in nature, which she miserably failed to prove before the trial court. The fact witnesses PW1 Sanjay and PW2 Sandeep are sons of the revisionist Smt. Tara Devi, who were the interested witnesses. Evidence adduced before the court below was also inconsistent and does not corroborate the incident as alleged by the revisionist.

In the result, this revision being devoid of merit is hereby dismissed. Impugned judgment and order dated 3.1.2006, passed by the Additional Sessions Judge/Special Judge, SC/ST Act, Dehradun in Special Sessions Trial No. 7/2003, is upheld. Lower court record be sent back.