RAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both the appeals are arising from the same judgment and order dated 19.01.2021, accordingly, both the appeals are being decided together.

(2.) The present appeals are directed against the judgment and order dated 19.01.2021 passed by the Third Addl. Sessions Judge, U.S. Nagar in S.T. Nos.89 of 2011 and 151 of 2013, whereby the learned Trial Court convicted the appellants, namely, Ram Singh, Prem Singh, Jogendra Singh and Raju @ Sai Ditta u/s 307/149 IPC and sentenced each of them to undergo ten years' S.I. with fine of Rs.10,000/- each; they were also convicted u/s 504 IPC and sentenced to go six months' R.I. with fine of Rs.1,000/- each; they were also convicted u/s 506 IPC and sentenced to one years' R.I. with fine of Rs.1,000/- each; they were also convicted u/s 147 IPC and sentenced to undergo six months' imprisonment with fine of Rs.1,000/- each; they were also convicted u/s 148 IPC and sentenced to undergo one year imprisonment with a fine of Rs.1,000/- each. All the aforesaid sentences shall run concurrently.

(3.) In short, case of the prosecution is that PW1 Balbir Singh submitted an information with P.S. Rudrapur, District U.S. Nagar with the allegations that on 21.4.2010 at about 04:45 PM, when his brother Balvinder Singh and Sarjit Singh were coming from their agricultural fields, as soon as they reached near the house of Prem Singh, the accused, who were armed with weapons, abused the brothers of informant and committed Marpit with them, and the accused Prem Singh caused injury by using firearm to Balvinder Singh. On the basis of said information, an FIR Ex.Ka-1 was lodged with the police station. After investigation, charge-sheet (Ex.Ka-9) 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. The appellants denied all the allegations and claimed to be tried.