HARBHAJAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint (Ext. Ka-1) was written by the informant Jasveer Singh on 26.08.1990, at 4:15 p.m. to the police station In-charge, Sitarganj, Nainital, which was registered as case crime no. 281 of 1990, in respect of offence punishable under Section 328 IPC. After the investigation, charge sheet against the accused was filed for the selfsame offence on 24.08.1992. Case was committed to the Court of Sessions.

(2.) When the trial began and prosecution opened it's case, charge for the offence punishable under Section 328 IPC was framed against the accused, to which, he pleaded not guilty and claimed trial. Four witnesses, namely, PW 1 Jasveer Singh, PW 2 Bahal Singh, PW 3 Makkhan Singh and PW 4 SI S.P.Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C. in reply to which, he said that he was falsely implicated in the case. The accused Harbhajan Singh also said that since that the complainant wanted to vacate the shop from him, therefore a false case was roped against him. No evidence was given in defence.

(3.) After considering he evidence on record, the learned trial court convicted the accused Harbhajan Singh of the offence punishable under Section 328 IPC. He was awarded three years' rigorous imprisonment along with a fine of Rs. 1500/-, in default of which, he was required to further undergo three months' simple imprisonment. Aggrieved against the impugned order dated 31.08.2001, present Criminal Appeal was preferred.