KUMAR SINGH S/O KISHAN SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-3-134
HIGH COURT OF UTTARAKHAND
Decided on March 08,2013

Kumar Singh S/O Kishan Singh Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal, received through Superintendent District Jail Dehradun, is directed against the judgment and order dated 31.03.2010, passed by Learned Sessions Judge, Bageshwar, in Sessions Trial No. 02 of 2010, whereby said court has convicted the accused/appellant Kumar Singh under section 395 of I.P.C., and sentenced him to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 10,000/-.
(2.) Heard learned Amicus Curiae for the appellant, and learned counsel for the State, and also perused the lower court record.
(3.) Prosecution story, in brief, is that PW1 Khyali Charan was sleeping in his shop on 20.08.2009, when at about midnight five persons broke open the door of his shop, and switched off the lights. The five miscreants closed eyes of PW1 Khayali Charan with a piece of cloth and tied his hands. Thereafter the miscreants looted pants pieces, shirts, sarees and Rs. 40,000/- cash and a mobile, and left the place. At about 2.00 a.m, PW2 Sonu Tiwari, who was also sleeping in the room untied the piece of cloth. When the two attempted to come out they found that the miscreants had bolted the shop from outside. Thereafter, PW1 Khayali Charan rang Emergency No. 100 and informed the police. At about 8.00 a.m. (next morning) the police told that some Nepalies were taking looted goods which was left by them near Chokori. The First Information Report (Ex-A1) was given by PW1 Khayali Charan on 21.02.2009 (at about 7.00 p.m) to Naib Tehsildar, Bageshwar, on the basis of which Crime No. 07 of 2009 was registered against four accused namely Santosh, Kumar Singh (present appellant), Vishal, Dinesh Mal and Ashok (all Nepali labourers) who were missing after the incident from Bageshwar. PW6 Harish Chandra Arya, the then Naib Tehsildar investigated the crime. (In Uttarakhand hills in certain areas revenue officials are given police powers). On 21.08.2009, the police had prepared recovery memo (Ex-A2) relating the goods seized near Chokori. On completion of investigation, charge sheet (Ex-A8) was filed only against the accused Kumar Singh (who could be arrested during investigation), for his trial in respect of offence punishable under section 395/397 of I.P.C.;


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