BHUPAL SINGH S/O SHER SINGH; JIWAN SINGH S/O BHAWAN SINGH; TULA SINGH S/O BHAWAN SINGH; PAN SINGH S/O RATAN SINGH Vs. STATE OF U P (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-9-206
HIGH COURT OF UTTARAKHAND
Decided on September 27,2012

BHUPAL SINGH S/O SHER SINGH; JIWAN SINGH S/O BHAWAN SINGH; TULA SINGH S/O BHAWAN SINGH; PAN SINGH S/O RATAN SINGH Appellant
VERSUS
State Of U P (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 17.06.1999, passed by IInd Additional Sessions Judge, Nainital, in Special/Sessions Trial No. 554 of 1997, whereby the trial court has convicted the accused/appellants Bhupal Singh, Jiwan Singh, Tula Singh and Pan Singh under section 147 and 325/149 of I. P. C. , and one punishable under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Each one of them has been sentenced to rigorous imprisonment for a period of one year under section 147 of I. P. C. , rigorous imprisonment for a period of three years and directed to pay fine of Rs 1000/- under section 325/149 I. P. C. , and rigorous imprisonment for a period of one year under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) Heard learned counsel for the appellants, and learned counsel for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that 31.10.1996, in Village Haira Khan, the election campaigning for the post of Village Pradhan was in progress. At about 8.00 P. M. , on said date PW1 Ram Lal was campaigning for election for one of the candidates. He had gone to Village Haira Khan, where accused/appellants Pan Singh, Tula Singh, Jiwan Singh and Bhupal Singh along with Inder Singh surrounded him, assaulted with the rods, and insulted him for being member of Scheduled Caste by hurling abuses at him. He (PW1) Ram Lal suffered injuries on his person, which includes grievous hurt. Witnesses PW2 Ramesh Chandra Singh and PW3 Nandan Singh said to have witnessed the incident. On the next day 01.11.1996, due to the election, vehicular traffic was not available, as such, only on 02.11.1996, the injured Ram Lal could reach Soban Singh Jeena Hospital, Haldwani, for treatment. He gave First Information Report on that day at the Police Station. Investigation was taken up by Circle Officer R. K. Jolly, who interrogated the witnesses, collected the medical injury report and submitted charge sheet against the four accused/appellants namely Bhupal Singh, Jiwan Singh, Inder Singh and Tula Singh, for their trial in respect of offences punishable under section 147, 325, 504 I. P. C. , and one punishable under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. A separate charge sheet was filed against accused Pan Singh in respect of same offences. ;


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