HIMMAT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS revision has been directed against the judgment and order of Sessions Judge, Almora dated 30.04.2003 in Criminal Appeal No. 10 of 2001. In the said appeal, the judgment and order dated 18.12.2001 passed by Chief Judicial Magistrate, Almora was affirmed.

(2.) THE incident is of dated 23.10.1998 in remote hills of district Almora. The accused persons Har Singh, Himmat Singh and Kundan Singh were chargesheet and tried by Magistrate and after recording the evidence of the witnesses the trial ended in conviction. Every accused was sentenced to undergo six months rigorous imprisonment and a fine of Rs. 500 under section 323 IPC; two years rigorous imprisonment and a fine of Rs. 1000 under section 325 IPC; nay one year rigorous imprisonment and a fine of Rs. 500 under section 506 (2) IPC.

(3.) LEARNED counsel for the revisionist has challenged the concurrent findings of the courts below, but now before this court, learned counsel for the revisionist pleads only mercy on the question of quantum of punishment with the request not to enter in the merits of the incident and case.