SHASHI BALA AND TWO OTHERS Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Shashi Bala And Two Others
STATE OF UTTARAKHAND
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(1.) One Balbeer Singh wrote a complaint to the District
Magistrate, Uttarkashi on 08.05.2006 against the accused persons
alleging the commission of offences punishable under Sections
376, 313 and 120-B IPC by them. The same was registered as
case crime no. 1 of 2006 on 10.05.2006, at 3:00 p.m., in patwari
chowki Badgaon, District Uttarkashi. After the investigation, a
charge sheet against Shashibala and Mila Devi was filed in
relation to the offences punishable under Sections 313/120-B
IPC; charge sheet against Chatar Singh for the offence punishable
under Section 120-B IPC and charge sheet against Jagbeer Singh
for the offences punishable under Sections 376, 120-B and 313
IPC were filed before the Magistrate concerned. The case was
committed to the court of Sessions.
(2.) When the trial commenced and prosecution opened
it's case, charges against Smt. Shashibala, Smt. Mila Devi and
Chatar Singh were framed as regards offences punishable under
Section 313 IPC read with Section 120-B IPC. All the three
pleaded not guilty and claimed to be tried. Charge against
Jagbeer Singh was framed with respect to offences punishable
under Sections 376 and 313 IPC to which he pleaded not guilty
and claimed trial.
(3.) As many as 08 prosecution witnesses, namely, PW 1
Dr. Sudha Singh, PW 2 Dr. Vinod Kumar, PW 3 Rajendra Singh,
PW 4 Dhanbeer Singh, PW 5 Km. Babli (victim), PW 6 Balbeer
Singh (complainant), PW 7 Pratap Singh and PW 8 Virendra
Singh were examined on behalf of prosecution. Incriminating
evidence was put to the accused persons in statement under
section 313 Cr.P.C., in reply to which, they said that the
prosecution witnesses were telling a lie and they have been
falsely implicatd in this case. No evidence was given in defence.
After hearing both the sides, learned court below convicted
accused-appellant Jagbeer Singh for the offence punishable under
Sections 376 and 313 IPC. Jagbeer Singh was sentenced to
undergo rigorous imprisonment for a period of ten years and a
fine of Rs. 10,000/- in connection with offence punishable under
Section 376 IPC; and three years' rigorous imprisonment and a
fine of Rs. 3000/- in relation to the offence punishable under
section 313 IPC. Accused-appellants Smt. Shashibala and Smt.
Mila Devi were convicted in respect of offences punishable under
Section 313 IPC read with Section 120-B IPC and were
sentenced to undergo three years' rigorous imprisonment and a
fine of Rs. 3000/- each. Aggrieved against the said conviction
and sentences, present criminal appeal was preferred.
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