KESAR SINGH & OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Appeal arises out of a judgment and order of the trial court dated 30.6.2001 passed by the learned Sessions Judge, Chamoli in Sessions Trial No. 22 of 1982, whereby the present appellants before this Court have been convicted and consequently sentenced under Sections 147, 307/149, 333/149 and 458 IPC. Appellant No. 1 Keshar Singh has also been convicted and sentenced under Section 379 IPC.

(2.) The matter is extremely old and the incident is said to have happened on 23.12.1981 at village Tetuna, Patwari Kshetra Latugair, Tehsil Gairsain, District Chamoli. The First Information Report was lodged by injured Pancham Singh Rawat, Patwari on 25.12.1981 stating that on the night of 23.12.1981 while he was in his office-cum-residence along with Peon, namely, Mansha Ram (PW2), the accused, some of them armed with "lathis" (sticks) entered his office after banging the door and threateningly questioned the complainant as to why he has done their "challan" in his official capacity as a "Patwari". When the complainant replied that it has been done that accordance with law as he must follow the procedure of law, the appellants started beating him. They also destroyed the official documents and also some of the properties lying inside the room. Thereafter the complainant (who was injured) was dragged outside the room and was again hit by the accused persons. All of them have been named, including a woman, namely, Sama Devi.

(3.) Initially, the police after investigation filed a chargesheet only against Kedar Singh son of Madan Singh. Thereafter, other accused namely Keshar Singh son of Ratan Singh, Raje Singh son of Madho Singh, Kedar Singh son of Guman Singh, Mohan Singh son of Bachan Singh, Bhim Singh son of Jimat Singh, Kunwar Singh son of Diwan Singh, Guman Singh son of Dev Singh, Bhawan Singh son of Diwan Singh, Bachan Singh son of Kalyan Singh, Guman Singh son of Diwan Singh and Smt. Sama Devi wife of Mohan Singh were also made accused, after moving application under Section 319 CrPC.