Decided on June 13,2012

Sita Ram And Ors. Appellant


Hon'ble Servesh Kumar Gupta, J. - (1.) THE appeal is taken up for hearing which challenges the judgment and order of conviction dated 26.4.2000 rendered by learned Additional Sessions Judge, Nainital in S.T. No. 199 of 1993, titled as 'State Vs. Sita Ram and two others'. Learned Judge has found all the appellants Sita Ram, Ram Dhan and Ram Awatar guilty for the offence of Section 333 IPC and sentenced each of them to undergo four years' R.I. along with fine of Rs. 2,000/ - each. In default of payment of fine, they were directed to undergo two months' additional simple imprisonment. The brief facts of the case are that on 15.9.1989 in the noon time, all the appellants Sita Ram, Ram Dhan and Ram Awatar were collecting fodder for their pet animals, and in order to cut grass, they entered inside the boundary of Fish Seed Production Center of Hempur Depot, situated within the circle of P.S. Kashipur. The appellants were not aware that cutting of grass in the said area was prohibited, so the Guard of the center, namely Gyan Chand prevented them. The dispute arose which escalated into the scuffle. All the three appellants beat Gyan Chand, causing injuries on his head. Anyhow, Gyan Chand could save himself and rushed to the depot office, where he narrated the entire incident to his senior Sri P.D. Arya, who lodged the report of this incident Ex.Ka -1. After investigation, a chargesheet was submitted against all the appellants, Sita Ram, Ram Dhan and Ram Awatar for the offence of Section 333 IPC. Learned Judge culminated the trial in recording the finding of conviction and sentence, as stated above.
(2.) HAVING heard learned counsel for the appellants as well as learned AGA for the State, it is pertinent to mention that the appellants' counsel is not interested in arguing the appeal on merits; he only sought the mercy of this Court for reduction of the sentence to the minimum for the reason that all the appellants are so indigent that it is quite difficult for them even to earn their both ends meal everyday. It was further argued that they are simply labourers having their families and each one of them is having 4 to 6 minor children. It was lastly submitted that by the order of this Court, the appellants have been sent to gaon, because of which the family is facing starvation. Learned counsel for the appellants has also brought to the notice of this Court that all the appellants had been under incarceration before and after commencement of the trial for 84 days. This period has also been got verified by the records, as are available before the Court.
(3.) THAT apart, the appellants are in jail since 2.5.2012 in compliance of the non -bailable warrants directed to be issued by this Court against them. As such, for more 48 days, the appellants are in caption.;

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