FATEH SINGH BHANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Revisionist Fateh Singh Bhandari was convicted for the offence punishable under Section 60(3) of the U.P. Excise Act and was sentenced to pay a fine of Rs. 500/-. By the same order dated 01.11.2002, he was also convicted under Section 34 of the Police Act and was sentenced to pay a fine of Rs. 30/-. Aggrieved against the order of Chief Judicial Magistrate, Uttarkashi, a criminal appeal was preferred and the same was dismissed by learned Sessions Judge, Uttarkashi, vide order dated 5th May 2007.

(2.) S.I. Punnu Ram lodged a report against the accused on 08.08.1998, at 05:35 A.M., that on the selfsame day, he (informant) alongwith other constables was busy in maintaining law and order in Bhatwari Raod Bus Stand. They proceeded to the trisection of said Bus Stand. They found that the accused, who was a police constable, was drunk. His legs were trembling. His action sent a bad massage to the general public. Accused was taken into custody. No public witness was ready to be a witness to the incident. FIR was lodged on the selfsame day at 05:35 A.M. An entry to this effect was made in the G.D. Accused was medically examined. His blood and urine samples were taken and sent to Forensic Science Laboratory. Investigating Officer conducted the investigation, took the statements of the witnesses, prepared site plan, obtained the permission of the Superintendent of police, also obtained the report from Forensic Science Laboratory and after being satisfied that the accused committed the crime submitted charge-sheet against him. The accused pleaded not guilty and claimed trial.

(3.) Pw1 Constable Vinod Kumar, PW2 S.I. Punnu Ram, PW3 Dr. D.P. Joshi and PW4 Shiv Singh Panwar were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he denied the allegations levelled against him, but admitted that he was arrested by the police. No evidence was given in defence.