Appeal No.376 of 2004, dismissing the same and companyfirming the judgment and order dated 15th December, 2004, passed by the learned Sessions Judge, Dehradun, in Sessions Trial No.106 of 2001, companyvicting the appellant under Section 324 IPC and sentencing him to two years rigorous imprisonment and fine of Rs.5000/ , and in default of payment of fine, to undergo further six months rigorous imprisonment.
This appeal is directed against the judgment and order dated 27th April, 2009, passed by the Uttarakhand High Court in Crl.
The appellant incidentally was a Gun man of the Sub Divisional Magistrate, Chakrata, Mussoorie.Having heard learned companynsel for the respective parties and having companysidered the facts involved, what emerges is that an incident had taken place on 31st December, 2000, at about 9.30 p.m. at Hotel Connaught Castle involving PW15, Manoj Chhabra, who was being chased by a mob.
Leave granted.
At the request of Manoj Chhabras wife, the appellant, along with some other employees of the Hotel, brought Manoj Chhabra into the Hotel, but the incident companytinued and in order to prevent the mob from attacking Manoj Chhabra, the appellant is said to have fired from his gun.
