RAMESH S/O PHAGUN AND ORS Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-12-151
HIGH COURT OF UTTARAKHAND
Decided on December 20,2012

Ramesh S/O Phagun And Ors Appellant
VERSUS
State of Uttaranchal (Now State of Uttarakhand) Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 08.03.2001, passed by Learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 39 of 1997, whereby said court has convicted the accused/appellants Ramesh, Girish, Puran Lal @ Revelu, Ram Chandra and Gori under section 325 read with section 34, and under section 323 read with section 34 of I.P.C. Each one of them has been sentenced to rigorous imprisonment for a period of six months, and directed to pay fine of Rs. 500/- (under section 325/34 of I.P.C.), and rigorous imprisonment for a period of three months (under section 323/34 of I.P.C.). It is further directed by the trial court that both sentences shall run concurrently.
(2.) Heard learned Amicus Curiae for the appellants, and learned A.G.A., for the State, and perused the lower court record.
(3.) In short, prosecution story is that, on 08.01.1996, at about 10.00 pm PW2 Shoorveer Singh was coming back to his home in village Jakherh within the limits of Patwari Circle Patakhal, from village Mehar with a cash amount of Rs. 15,000/- from the contractor for payment to the labourers. When PW2 Shoorveer Singh was about half a kilometer away from village Nausila accused/appellants Ramesh, Girish, Puran Lal @ Revelu, Ram Chandra and Gori surrounded him and assaulted him with LATHI and KUTLA ( a pointed agricultural equipment used for hoeing). On hearing noise, PW1 Maina Devi (wife of injured Shoorveer Singh) rushed to the spot, and raised alarm where after above mentioned accused ran away. Report of the incident was lodged by PW1 Maina Devi with Patti Patwari Patakhal narrating the incident and further alleging that the victim (PW2 Shoorveer Singh) was looted of the amount he was carrying. On the basis of his report (Ex-A1) Crime No. 01 of 1996, was registered by the Patwari (In certain areas of Uttarakhand hills Revenue Officials are given police powers). Initially investigation of the case was conducted by Patwari Patakhal but later the same was transferred to regular police and Sub Inspector Om pal Singh (PW4) completed the investigation, and submitted charge sheet (Ex-A7) against all the five accused for their trial in respect of offences punishable under section 147, 324 and 307 of I.P.C.;


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