Decided on November 18,2013

Omma @ Om Prakash And Two Others Appellant
State of Uttarakhand and Ors Respondents


- (1.) Complainant Ram Kumar lodged a first information report dated 29.03.2002, which was registered as case crime no. 88 of 2002, under Sections 307, 324, 504 IPC, against Omma @ Om Prakash, Subhash and Hukma. Investigation started on the same. After the investigation, charge-sheet was submitted against the accused persons for the selfsame offences. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges for the selfsame offences were framed against the accused persons, who pleaded not guilty and claimed trial.
(2.) PW 1 Dr. G.S.Rawat, PW 2 Vijai Pal Singh, PW 3 Satpal, PW 4 Rajendra (victim), PW 5 Meer Singh, PW 6 Raghuveer (injured), PW 7 Ram Kumar, PW 8 SI Jeet Singh (investigating officer), PW 9 ASI Ratan Swaroop Saxena, PW 10 ASI Rajbeer Singh, PW 11 Constable Surendra Kumar, PW 12 Constable Rajkumar, PW 13 Mahesh Chandra Panchbhaiya and PW 14 HCP Nisha Sharma were examined on behalf of the Prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence.
(3.) A compromise deed (paper no. 150-Kha) was filed by the parties before the trial court to indicate that they have settled their disputes amicably. The compromise-deed paper no. 150-Kha was taken on record. The parties prayed before the learned trial court that their cases be decided in terms of said compromise. Learned trial court permitted the injured persons to compound the compoundable offences against the accused persons. Accused persons were accordingly acquitted of the charges levelled against them under Sections 324/34 and 504 IPC framed against them. Although the injured persons wanted the compromise with the accused persons in toto, but since it was not within the competence of learned Additional Sessions Judge to have granted permission to the injured persons to compound the offence under Section 307 IPC read with Section 34 IPC and therefore, he decided the Sessions Trial on merits. Omma alias Om Prakash, Subhash and Hukma were convicted under Section 307 IPC read with Section 34 IPC and were sentenced accordingly. They were also convicted under Section 25/4 Arms Act and were sentenced to undergo simple imprisonment for six months along with a fine of Rs. 500/- each. Aggrieved against the impugned judgment and order, present Criminal Appeals were filed on behalf of the convicts-appellants.;

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