DEEPAK SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present jail appeal is directed against the judgment and order dated 04.06.2016 passed by the Addl. Sessions Judge Kotdwar, in S.T. No.25 of 2015, State vs. Deepak Singh @ Deepu, whereby the learned Trial Court convicted the appellant u/s 457 IPC and sentenced him to undergo three years' R.I. with fine of Rs.2,000 with default stipulation; he was also convicted u/s 307 IPC and sentenced him to undergo ten years' R.I. with fine of Rs.23,000/-; in default stipulation. All the aforesaid sentences shall run concurrently.

(2.) In short, case of the prosecution is that PW-1 Mahindra Singh submitted an information Ex. Ka-1 with the Police Station, Dhumakot, Pauri Garhwal on 14.06.2015 about the incident. On the basis of said information, a Chick FIR Ex.Ka-3 was lodged with the police station on the very same day; accordingly, G.D. Ex.Ka-4 was prepared; the injured PW-2 Ankita was medically examined by attending Doctor; accordingly, medical report Ex.Ka-2 was prepared; during the investigation a weapon was recovered from the possession of the accused; accordingly, recovery memo Ex.Ka-5 was prepared. After investigation, charge-sheet (Ex.Ka-16) was submitted. Accordingly, after compliance of provision of Section 207 Cr.P.C., the case was committed to the court of sessions. The Sessions Judge took the cognizance and accordingly charges were framed under Sections 457, 307, 506 IPC on 29.09.2015. The appellant denied all the allegations and claimed to be tried.

(3.) To bring home the guilt of the appellant, the prosecution produced PW1- Mahinder Singh (informant), PW2 Ankita (injured), PW3 Rameshwari Devi, PW4 Dr. Tanveer, who prepared the medical report Ex. Ka 2, PW5 Dinesh Singh Panwar, PW6 Vijera Singh, PW7 Ramlal, PW8 Himashu Sexena, PW9 N.K. Bachkoti.