BALWANT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal arises out of a judgment and order dated 28.6.2001 passed by Sessions Judge, Almora in Sessions Trial No. 14 of 1995 State Vs. Balwant Singh and others, whereby the trial court has convicted the present accused appellants under Sections 364/34 as well as under Section 302/34 IPC and sentenced each of them to undergo rigorous imprisonment for a period of ten years under Section 364/34 IPC and fine of Rs. 500/- and life imprisonment under Section 302/34 IPC. It was also directed that in default of fine, each accused will further undergo simple imprisonment for a period of six months.

(2.) Heard Smt. Pushpa Joshi & Sri Amit Kapri, Advocates for the appellants and Sri Amit Bhatt, Assistant Government Advocate for the State.

(3.) As per the narration of events in the First Information Report dated 30.6.1994, complainant 2 Khushal Singh along with Kheem Singh, Narendra Singh, Balwant Singh, Dan Singh, Thakur Singh, Pushkar Singh and Darban Singh while returning to their home after doing the day s work were apprehended by Balwant Singh, Madho Singh, Saruli Devi and Bhagwat Singh near the house of the Village Pradhan. Balwant and others caught hold Lal Singh and attacked him, and thereafter dragged him towards their house. The complainant and other persons in order to save their lives escaped. The First Information Report thereafter states that the accused are of dangerous nature and they apprehend that they would kill Lal Singh, who has been abducted. The report was initially lodged on 30.6.1994 at about 12 Noon before the Naib Tehsildar, Bageshwar.