BACHHI RAM AND OTHERS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-7-215
HIGH COURT OF UTTARAKHAND
Decided on July 29,2013

Bachhi Ram And Others Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Upon filing of a complaint by Patwari, Talwadi, District Chamoli, the offence committed by the accused persons was investigated into by the Investigating Officer, which resulted into filing of charge-sheet against Bachhi Ram and others for the offences punishable under Sections 147, 427, 504, 506 of IPC. The allegation against the accused persons was that on 07.03.2002, at 08:00 A.M., they (accused persons) uprooted 10,000 saplings, which were meant to be planted by the men and women folk in Compartment No. 4, Rough Mala Tok. Accused persons wanted to encroach upon the land of Van Panchayat. When the complainant, alongwith villagers, reached there and enquired from the accused persons, as to why they uprooted the saplings, they hurled abuses at the complainant alongwith villagers. Accused persons also threatened them with dire consequences. They allegedly caused loss of Rs. 25,000/- to Van Panchayat.
(2.) An FIR was lodged against accused persons on 07.03.2002. Charge-sheet was submitted against them under Sections 147, 427, 504, 506 of IPC. Accused persons were summoned to face the trial. Charge for the selfsame offences was framed against them, to which they pleaded not guilty and claimed trial.
(3.) PW1 Bachan Singh, PW2 Kunwar Singh, PW3 Govind Singh, PW4 Chandra Prakash and PW5 Kheem Singh Pundir were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused persons, namely, Bachhi Ram, Raghu Ram, Kheem Ram, Khipal Ram, Mohan Ram, Gomti Devi and Chuma Devi were convicted under Section 147 of IPC read with Section 427 of IPC only and were sentenced to undergo rigorous imprisonment for one month each alongwith a fine of Rs. 100/- each, in default of payment of which, each one of them was required to undergo rigorous imprisonment for a week, vide judgment and order dated 24.02.2006. ;


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