BHARAT SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-7-74
HIGH COURT OF UTTARAKHAND
Decided on July 27,2012

BHARAT SINGH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) THIS appeal, is got sent by appellant Bharat Singh, through Superintendent of District Jail, Dehradun. He has been convicted by the learned Sessions Judge, Chamoli, at Gopeshwar, in Sessions Trial No. 12 of 2008, under Section 436, 427, 323 and 506 of I.P.C. He has been sentenced to imprisonment for a period of six months and directed to pay fine of Rs. 5,000/ - under Section 323 of I.P.C., imprisonment for a period of three years and directed to pay fine of Rs. 5,000/ - under Section 506(2) of I.P.C., rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 40,000/ - under Section 436 of I.P.C., and imprisonment for a period of one year and directed to pay fine of Rs. 5,000/ - under Section 427 of I.P.C. Heard learned Amicus Curiae, for the appellant, and learned Brief Holder, for the State, and perused the lower court record.
(2.) PROSECUTION story in brief is that PW -1 Dalbeer Singh was sitting in his shop on 01.02.2008 at about 6.30 p.m. When accused/appellant Bharat Singh came there. The complainant (PW 1 Dalbeer Singh) asked the accused/appellant Bharat Singh to make outstanding dues clear, on which, the accused assaulted the complainant and threatened him of dire consequences. On the next day i.e. 02.02.2008, the accused/appellant Bharat Singh came at about noon and set the shop on fire by throwing kerosene oil at the shop. The First Information Report (Ex. A1) was got lodged by PW -1 Dalbeer Singh with Patwari Cirle -Ghat (in District Chamoli) on the basis of which, Crime No. 01 of 2008 was registered, and the same was investigated by PW 8 Anand Lal (In Uttrakhand Hills certain revenue officials have police powers). Meanwhile, the injuries on the person of Dalbeer Singh were examined by PW 6 Dr. Pradeep Kumar Singh, who prepared the injury report (Ex. A4). After inspecting the spot, and interrogating the witnesses, the Investigating Officer submitted charge sheet (Ex. A9) against the accused/appellant Bharat Singh for his trial in respect of offences punishable under Section 436, 427, 323, 506 of I.P.C.
(3.) THE Chief Judicial Magistrate, Chamoli, on receipt of the charge sheet, and after giving necessary copies to the accused, as required under Section 207 of Cr.P.C. committed the case to the court of Sessions for trial. On 26.05.2008, learned Sessions Judge, Chamoli, after hearing the parties framed charge in respect of offences punishable under Section 436, 427, 323 and 506 of I.P.C., to which, the accused Bharat Singh pleaded not guilty and claimed to be tried. On this, prosecution got examined PW 1 Dalbeer Singh (complainant and the injured), PW 2 Mahaveer Singh, PW 3 Smt. Pushpa Devi (wife of the complainant), PW 4 Khilaf Singh, PW 5 J.S. Gusain (witness of the incident of mischief by fire), PW 6 Dr. Pradeep Kumar Singh (who recorded injuries on the person of the complainant), PW 7 Smt. Sukri Devi (another witness of the incident of mischief by fire) and PW 8 Anand Lal (Investigating Officer). The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which, he pleaded that the evidence adduced against him is false. However, no evidence in defence was adduced. The trial court, after hearing the parties found charge relating to all the four offences proved against the accused/ appellant Bharat Singh, and convicted him accordingly. After hearing on sentence, the convict was sentenced to imprisonment for a period of six months and directed to pay fine of Rs. 5000/ - under Section 323 of I.P.C., imprisonment for a period of three years and directed to pay fine of Rs. 5000/ - under Section 506 of I.P.C., rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 40,000/ - under Section 436 of I.P.C., and imprisonment for a period of one year and directed to pay fine of Rs. 5,000/ - under Section 427 of I.P.C. Aggrieved by said order dated 28.04.2010, this appeal is preferred by the convict.;


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