BHAJAN SINGH @ BHAJNU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision, preferred by the revisionists u/s 397/ 401 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 19.06.2008 passed by learned Chief Judicial Magistrate, Tehri Garhwal in Criminal Case No.516 of 2000, State Vs. Bhajan Singh @ Bhajnu, thereby, convicting the revisionist under Section 10 of the Uttar Pradesh Control of Goondas Act, 1970 (hereinafter to be referred to as 'the Act') and sentencing him to undergo one year's R.I. with fine of Rs.2,000/- and in case of default of fine, he was directed to undergo three months' additional S.I. The revisionist has also challenged the judgment dated 18.4.2011 passed by learned Additional Sessions Judge/FTC, Tehri Garhwal in Criminal Appeal No.9 of 2008, Bhajan Singh v. State, whereby the appeal preferred by the revisionist was dismissed.

(2.) Fact, to the limited extent necessary, are that revisionist Bhajan Singh @ Bhajnu was ordered by the Executive Authority, Tehri to remain out of the boundaries of District Tehri Garhwal for a period of six months, however before expiry of six months' period, the revisionist was found at Petrol Pump Tehri on 18.11.1999 at 7 PM. Accordingly, an FIR was lodged. After investigation, charge sheet was submitted and cognizance was taken. The prosecution produced PW1 Constable Jagdish, PW2 Gyan Lal, PW3 Sohan Singh Patwal, PW4 Constable Kunwar Singh and PW5 S.I. Jeet Pal Singh Raghav.

(3.) After the prosecution evidence, statement of accused under Section 313 Cr.PC was recorded. The Trial Court convicted and sentenced the revisionist, as above. The appeal preferred there-against was also dismissed. Hence the present revision has been filed assailing both the judgments passed by the Courts below.