BHUPAL SINGH S/O SHER SINGH; JIWAN SINGH S/O BHAWAN SINGH; TULA SINGH S/O BHAWAN SINGH; PAN SINGH S/O RATAN SINGH Vs. STATE OF U P (NOW STATE OF UTTARAKHAND)

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr. P. C), is directed against the judgment and order dated 17.06.1999, passed by IInd Additional Sessions Judge, Nainital, in Special/Sessions Trial No. 554 of 1997, whereby the trial court has convicted the accused/appellants Bhupal Singh, Jiwan Singh, Tula Singh and Pan Singh under section 147 and 325/149 of I. P. C. , and one punishable under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Each one of them has been sentenced to rigorous imprisonment for a period of one year under section 147 of I. P. C. , rigorous imprisonment for a period of three years and directed to pay fine of Rs 1000/- under section 325/149 I. P. C. , and rigorous imprisonment for a period of one year under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard learned counsel for the appellants, and learned counsel for the State, and perused the lower court record.

(3.) Prosecution story, in brief, is that 31.10.1996, in Village Haira Khan, the election campaigning for the post of Village Pradhan was in progress.