GOPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 08.10.1999, passed by Sessions Judge, Almora, in Sessions Trial No. 23 of 1993, whereby said court has convicted accused/ appellants Gopal Singh, Shankar Singh, Bhuwan Singh Bisht @ Bhupendra Singh and Hira Singh under section 147, 324/149, 333/149, 353/149 IPC. Each of the said convicts has been sentenced to rigorous imprisonment for a period of two years under section 147 IPC, rigorous imprisonment for a period of three years under section 324/149 IPC, rigorous imprisonment for a period of three years under section 333/149 IPC, and rigorous imprisonment for a period of two years under section 353/149 IPC.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story in brief is that on 03.09.1987, near Toll Barrier Pilkholi one Hawaldar Sher Singh in a drunken state misbehaved with the Station House Officer Laxman Singh Bisht, and Sub Inspector Budhi Lal of Police Station Ranikhet, and said Sher Singh was arrested by the Police Officers, and handed over to the Army Authorities as he was a subject under Army Act. Aggrieved by said incident Sher Singh on 07.09.1987, at about 10:00 p.m., came alongwith accused/appellants Gopal Singh, Shankar Singh, Bhuwan Singh @ Bhupendra Singh and Hira Singh, and in retaliation of the earlier incident started beating Constable Hari Ram (P.W.1) who was on duty at the Toll Barrier. On hearing noise, Constable Ganesh Lal (P.W.2) rushed in an order to save his colleague but he too was assaulted with kicks, fists and stones. In the incident two constables were obstructed in discharge of their duties, and their uniform was also got torn. The first information report (Ex. A2) was given by P.W.1 Hari Ram at Police Station Ranikhet, in the midnight on 07.09.1987. On the basis of said report crime no. 100 of 1987, was registered at 00:10 hours on 08.09.1987, at the Police Station, relating to offences punishable under section 147, 148/149, 333, 353, 307 IPC, against Sher Singh and four other accused namely Gopal Singh, Shankar Singh, Bhuwan Singh @ Bhupendra Singh and Hira Singh. The investigation was taken up by Sub Inspector Tika Ram Sharma who inspected the spot and interrogated the witnesses. On the very day of the incident (07.09.1987) between 11:10 p.m, and 11:35 p.m, injuries on person of the injured constables were examined by P.W.4 Dr. C.L. Maheshwari of Civil Hospital, Ranikhet. After completion of investigation, the Investigating Officer submitted charge sheet (Ex. A9) against accused/appellants Gopal Singh, Shankar Singh, Bhuwan Singh @ Bhupendra Singh and Hira Singh for their trial in respect of offences punishable under section 147, 148/149, 333, 353, 307 IPC.