BALAK SINGH Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-12-59
HIGH COURT OF UTTARAKHAND
Decided on December 28,2012

Balak Singh and Ors. Appellant
VERSUS
State of Uttaranchal (Now State of Uttarakhand) Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) THESE two appeals, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C.), are directed against the judgment and order dated 14.03.2001 passed by learned Additional Sessions Judge, Haldwani, District Nainital, in Sessions Trial No. 376 of 1993, whereby said court has convicted the accused/appellants Balak Singh, Vinod Singh, Darban Singh and Ramesh Singh under section 147 and 325 /149 of I.P.C., and each one of appellants has been sentenced to fine of Rs. 2,000/ - under section 147 of I.P.C. Each one of the accused/appellants Balak Singh, Vinod Singh and Darpan Singh has been sentenced to rigorous imprisonment for a period of three years under section 325 /149 of I.P.C. Accused/appellant Ramesh Singh has been sentenced to imprisonment till rising of the court and directed to pay fine of Rs. 3,000/ - under section 325 /149 of I.P.C. Accused/appellant Balak Singh has been further convicted under section 148 of I.P.C., and sentenced to rigorous imprisonment for a period of six months. Heard learned counsel for the appellants, and learned counsel for the State and perused the lower court record.
(2.) PROSECUTION story, in brief, is that on 11.04.1993, at about 7.30 p.m., when PW 1 Deewan Singh, PW 2 Manoj Singh, PW 3 Jitendra Singh were coming to their houses in Village Pratappur. Accused/appellants Balak Singh, Vinod Singh, Darban Singh, Ramesh Singh and two others namely Balwant Singh and Virendra Singh stopped them and voluntarily caused hurt to them with deadly weapons. One of the injuries suffered by PW 1 Deewan Singh was found grievous in nature. The report of the incident was lodged by PW 1 Deewan Singh at Police Station Kaladhungi, on the very day (11.04.1993) at about 8.05 p.m. The investigation was taken up by PW 4 Sub Inspector Sayyad Anwar Ali. The injuries on person of the above mentioned three namely Deewan Singh, Manoj Singh and Jitendra Singh were recorded by PW 4 Dr. C.M. Chaturvedi, on the very day (11.04.1993) at 8.40 p.m. After completion of investigation, the Investigating Officer submitted charge sheet against the accused/appellants and two others namely Balwant Singh and Virendra Singh for their trial in respect of offences punishable 147, 148, 149, 323, 325, 506 and 307 of I.P.C. The Magistrate, on receipt of the charge sheet, appears to have committed the case to the court of Sessions for trial. Learned Additional Sessions Judge on 21.04.1994, after hearing the parties framed charge of offences punishable under section 147, 148 and 307 /149 of I.P.C., against all the accused namely Balwant Singh, Virendra Singh, Balak Singh, Vinod Singh, Govind Singh, Ramesh Singh and Darban Singh to which they pleaded not guilty and claimed to be tried. Accused Virendra Singh was further charged under section 25 of Arms Act, to which also said accused pleaded not guilty and claimed to be tried. On this prosecution got examined PW 1 Deewan Singh, (injured eyewitness) PW 2 Manoj Singh (injured eyewitness), PW 3 Jitendra Singh (injured eyewitness), PW 4 Dr. C.M. Chaturvedi, PW 5 Dr. P.C Kapri (Radiologist), PW 6 Sayyad Anwar Ali and PW 7 Sub Inspector Y.K. Puniya. The oral and documentary evidence was put to the accused persons under section 313 of Cr.P.C., in reply to which they pleaded that they have been falsely implicated. No evidence in defence was adduced.
(3.) THE trial court after discussion of the evidence found that only charge of offences punishable under section 147 and 325/ 149 of I.P.C., is proved against all the accused. Accused Balak Singh was further found guilty of charge of offence punishable under section 148 of I.P.C. After hearing on sentence each one of the convicts was sentenced for fine of Rs. 2,000/ - under section 147 of I.P.C. Each one of the three convicts namely Balak Singh, Vinod Singh and Darban Singh was sentenced to rigorous imprisonment for a period of three years under section 325 /149 of I.P.C., but the rest of the convicts Balwant Singh, Virendra Singh, Ramesh Singh and Govind Singh were sentenced to imprisonment till rising of court and directed to pay fine of Rs. 3,000/ - under section 325 /149 of I.P.C. Accused Balak Singh was further convicted to rigorous imprisonment for a period of six months under section 147 of I.P.C., Aggrieved by said judgment and order dated 14.03.2001 passed by Additional Sessions Judge, Haldwani, District Nainital, in Sessions Trial No. 376 of 1993, these two appeals are filed by the four convicts only.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.