OM PRAKASH AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Sudarshan Singh, Bagaan Zamadar, Lower Kosi Beet, Ram Nagar Range, District Nainital wrote a complaint (Ex.Ka-1) to S.O., Ram Nagar, District Nainital against 8 accused persons on 27.12.1993 at 4:15 PM, which was registered as case crime no.433/1993 under Sections 379, 411, 307 IPC and Section 26 of the Indian Forest Act, 1927. The incident allegedly took place in the intervening night of 26/27.12.1993. The distance between the place of incident and the police station was 15 km. Hence, there appears to be no delay in lodging FIR.

(2.) Investigation began on the basis of said first information report. After investigation of the case, a charge-sheet (Ex.Ka-5) was submitted against the accused persons for the selfsame offences.

(3.) The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charges against the accused persons, namely, Om Prakash, Gyan Singh, Lakha Singh, Kalu, Viloch @ Gurubachan and Sema were framed for the offences punishable under Sections 379, 411, 307 IPC and Section 26 Indian Forest Act, 1927, to which they pleaded not guilty and claimed trial.