JAGMOHAN Vs. STATE OF UTTARKHAND
HIGH COURT OF UTTARAKHAND
State Of Uttarkhand
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(1.) This judgment will adjudicate the above titled three
(2.) It is pertinent to mention that Appeals No.170/08 and
36/09, arise out of the common judgment and order dated
10.3.2008, rendered by Sessions Judge, Uttarakashi in S.T.
No.13/06, convicting both the appellants Balbeer and
Jagmohan, for the offences of Section 363, 366-A, 372 and
376(2)(g). For all these offences, they have been sentenced for
a different tenure of imprisonment. All the terms of prison 2
have been directed to run concurrently. It would not be
necessary to reproduce the different terms of imprisonment,
awarded to both the convicts, in this judgment.
(3.) Third appeal no.298/2003, preferred by convict Arvind
Singh, arises out of the judgment and order dated 23.9.2003,
rendered by Sessions Judge, Uttarkashi in S.T. No.13/2002,
convicting the accused Arvind Singh for the same offences.
The sentences passed by the Sessions Judge (manned by a
different Judge) is also the same as that of other two accused,
named above. All the sentences, in this trial also, were
directed to run concurrently. These aforementioned trials
arose out of the same crime no.2 of 2002, pertaining to
Patwari Outpost Darsaun, Tehsil Barkot, District Uttarkashi
but the chargesheet against the accused Arvind Singh was
submitted in the court separately because he was arrested
soon after the incident, whereas the chargesheet against the
accused Jagmohan and Balbeer was submitted in the court
distinctly because they absconded after the incident. Since
the accused Arvind Singh was arrested, hence his trial
proceeded earlier whereas, the trial against other two accused
could not be proceeded because they were absconding.
Accused Balbeer surrendered on 24.3.2006 whereas accused
Jagmohan surrendered on 25.8.2006, so their S.T.
No.13/2006, State Vs. Balbir and S.T. no.16/2006, State Vs.
Jagmohan, were clubbed together by learned Sessions Judge
for proceeding ahead.;
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