BACHHI RAM AND OTHERS Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Bachhi Ram And Others
STATE OF UTTARAKHAND
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(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
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