KALAM SINGH AND ORS Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Kalam Singh And Ors
State Of Uttaranchal (Now State Of Uttarakhand
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(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 20.12.2000, passed by Learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 05 of 1997, whereby said court has convicted the accused/appellants Kalam Singh and Trilok Singh under section 323 read with section 34 of I.P.C., and each one of them has been sentenced to rigorous imprisonment for a period of six months.
(2.) Heard Learned Amicus Curiae for the appellants, and Learned Deputy Advocate General for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that accused Trilok Singh was driver of Taxi owned by coaccused Kalam Singh. Father of the complainant Digamber Singh also used to run a Taxi. On 27.03.1996, at about 4.30 p.m., complainant's father PW8 Kalyan Singh was getting ready to take his taxi from Jamnikhal in District Tehri Garhwal. At that point of time a quarrel was picked up by two accused Kalam Singh and Trilok Singh with complainant's father Kalyan Singh, who was beaten mercilessly by the two accused. A report of the incident was lodged by PW1 Digamber Singh (son of the injured Kalyan Singh) with Naib Tehsildar Dev Prayag on 01.04.1996, against the two accused Kalam Singh and Trilok Singh relating to offence punishable under section 307 of I.P.C. (In Uttarakhand Hills certain Revenue Officials are given police powers since British time). The Investigating Officer submitted charge sheet (Ex-A6) against the two accused/appellants Kalam Singh Son of Shiv Singh and Trilok Singh Son of Kalam Singh, for their trial in respect of offence punishable under section 307 of I.P.C.;
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