TARA SINGH & OTHERS Vs. STATE OF U.P.
LAWS(UTN)-2012-5-68
HIGH COURT OF UTTARAKHAND
Decided on May 02,2012

Tara Singh And Others Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Servesh Kumar Gupta, J. - (1.) IN view of the reasons mentioned in the accompanying affidavit, urgency application No. 1907/2012 is allowed. Heard learned Counsel for the parties and perused the record. This appeal is directed against the judgment and order dated 24.7.1999 rendered by Sessions Judge, Nainital in Sessions Trial No. 120/1996, State of U.P. v. Tara Singh & 4 Others, whereby the accused appellants were found guilty for the various offences including Section 307/149, 147, 148, 427 IPC. They were sentenced to various terms of imprisonment and fine. Feeling disgruntled, all the convicts have come up before this Court in the instant appeal.
(2.) AT the very outset, it would be pertinent to mention that it is a case of scuffle in which firing and brick batting has allegedly been done in the marriage party by the appellants. The allegation of firing was made against the appellant No. 2 Jagdish, while appellant No. 3 Bachchi Singh allegedly committed robbery, however, no such charge was levelled against him by the trial court. The alleged role of other three accused persons is of exhortation. It is worthwhile to mention here that appellant No. 2 Jagdish and appellant No. 3 Bachchi Singh died during pendency of this appeal and, accordingly, appeal, in respect of them, was abated by the order dated 26.12.2011 passed by this Court. It transpires that the aforesaid unfortunate incident occurred in a marriage party between few members of groom side and the bride side. As per the FIR lodged by Sher Jung Singh on 13.6.2005 (Ex. Ka -7), the marriage party set out from Bhimtal (district Nainital) to Dhaulakhera, a place 7 kilometres away from Haldwani towards Bareilly road. When the marriage party reached at its destination, few members of the marriage party started altercations with all the appellants, which were from bride's side. Noticing this quarrel, which had developed all of a sudden, Jaswant Singh intervened. It is alleged that all the accused appellants objected on his intervention and meanwhile Jagdish Singh Negi opened fire upon Jaswant Singh, which hit his left shoulder and he fell down at the spot. At that very time, it is alleged that Bachhi Singh Negi snatched a golden chain from the neck of Jaswant Singh. Somehow Jaswant Singh was shifted in a Maruti car in order to carry him for medical assistance, but all the accused persons further exhorted and shouted upon Jaswant Singh and his other companions. Meanwhile, Tara Singh allegedly opened fire, which hit the front wheel of the car. The accused person started pelting stones. Anyhow, the injured Jaswant Singh was shifted to the hospital at Haldwani where he was medically treated.
(3.) AFTER investigation, chargesheet was submitted against all the accused appellants for the offences of Section 147, 148, 149, 307, 427 IPC. Chargesheet is Ex. Ka -11. Charges were accordingly levelled as per the chargesheet and case was proceeded for trial.;


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