SHASHI BALA AND TWO OTHERS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-86
HIGH COURT OF UTTARAKHAND
Decided on April 04,2013

Shashi Bala And Two Others Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (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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