DILEEP Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as CrPC), is directed against the judgment and order dated 6.5.1997 passed by II Additional Sessions Judge, Dehradun in Special Sessions Trial No. 12 of 1994, State v. Dileep and Anr. whereby the accused appellants have been convicted under Section 452/323/34 of the Indian Penal Code, 1860 (for short, IPC) and in place of sentence, the accused appellants were directed to be released on probation for a period of two years on furnishing a personal bond of Rs. 5000/ - and two sureties of similar amount by each of the accused appellants before the Probation Officer and it was further directed that if the accused appellants would fail to keep the good conduct, they shall be sentenced by the court.

(2.) DURING the pendency of this appeal, Sri Arvind Vashistha, learned Counsel for the appellant No. 2 Ram Gopal @ Gopal filed a Criminal Miscellaneous Application No. 810/2006 stating therein that the appellant No. 2 had completed his probation of sentence and, therefore, he prayed that he did not want to press the appeal in respect of appellant No. 2 Ram Gopal @ Gopal. Accordingly, this Court vide order dated 23.5.2006 dismissed the appeal of appellant No. 2 Ram Gopal @ Gopal. However, Sri L.K. Tiwari, learned Counsel for the appellant No. 1 Dileep stated that he would argue the appeal in respect of appellant No. 1 on merit.

(3.) IN brief, the prosecution case is that on 29.3.1994 at 9.50 pm, PW3 Chaman Lal lodged a report with PS Doiwala, Dehradun with the averments that Ram Gopal @ Gopal was having a roving eye on the girls of his village Madhowala and, therefore, he used to wander behind the girls of his village. The complainant prohibited him from doing so. On 29.3.1994 at about 7.45 pm, when the complainant was at his house, Ram Gopal @ Gopal along with accused appellant No. 1 Dileep and two other people, intruded in his house and threatened him that they would teach him a lesson today. On this, the complainant raised the alarm and then Mulatan Singh (PW2), Ram Prasad and many other villagers came at the house of the complainant. Then they committed marpit with the villagers with the lathis. When they realized that they would be encircled, they ran away from the place of occurrence. When they were being chased by the villagers, they shot a fire in the air and sneaked into the forest. Multan Singh (PW2) and Gulab Singh (PW1) received injuries in the said incident. They also threatened the complainant for his life while leaving the place of occurrence.