PRATAP RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 7.1.1981 passed by the IInd Additional Sessions Judge, Nainital in S.T. No. 95 of 1980 State Versus Pratap Ram and others by which the appellants Pratap Ram and Pratap Singh were convicted and sentenced, to four years RI. u/s. 307 IPC, four year R.I. us 307/149 IPC, four years RI.u/s 436/149 IPC and 1/1/2 years u/s 148 IPC, appellant Birbal Ram Jeet Singh and Rudra Singh were convicted and sentenced to four years R.I. u/s. 307/149 IPC, four years R.I. u/s. 436/149 IPC and one year RI. u/s. 148 IPC The sentences of all the appellants were ordered to run concurrently.

(2.) THE facts, in brief, are that there was a dispute regarding land between the appellants and the complainant Gurbachan Singh (P.W1). The appellants several times encircled the complainant. On 3/4.11.1979 at 12.30 O'clock the dog of the complainant started harking loudly. The complainant Gurbachan Singh (P.W.1) and his wife who were in their Jhala woke up the complainant went out of his house. He saw nine persons out of which five were the appellants and four were unknown persons. Then Birbal Ram told his son Pratap Ram to shoot Gurbachan Singh (P.W.1). Pratap Ram fired at Gurbachan Singh by single barrel gun, which hit Gurbachan Singh on his back. On the shouting of Gurbachan Singh his brother -in -law Dayal Singh (P.W3) came. Pratap Singh appellant fired at Dayal Singh (P.W.3) by single barrel gun, which hit on the foot of Dayal Singh. On their shouting Budh Singh (P.W.4), and Barral Singh came there and had seen the occurrence. Thereafter they were shouting and the appellants set fire their Jhala. Then Budh Singh and Anand Singh came there and witnessed the occurrence. A loss of Rs. 2000/ - was caused to the complainant by setting fire to his Jhala.

(3.) GURBACHAN Singh (P.W1) lodged report (Ex. Ka1) written by Sri Liladhar Bhatt a deed writer of Sitarganj at P.S. Sitarganj on 4.11.1979 at 6:45. On the has is of aforesaid written report FIR (Ex. ka6) was prepared by Head Moharrir Revadhar Sharma (P.W5) and G.D. entry (Ex. Ka7) was made. The investigation was entrusted to S.I. Vikram Singh (P.W.6). The Investigating officer visited the place of occurrence and prepared site plan (Ex. Ka.8). The Investigating Officer prepared recovery memo (Ex. Ka4) for samples of ash and also prepared recovery memo (Ex. Ka5) for taking into possession the empty cartridges.