LAWS(UTN)-2014-5-138

PREM CHAND Vs. STATE OF UTTARAKHAND

Decided On May 23, 2014
PREM CHAND Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Prem Chand (A1), Vijay Singh (A2), Deepak Singh (A3) and Rajendra Singh Rawat (A4) were tried in Sessions Trial No.111 of 1999, and the learned Additional Sessions Judge convicted A2, A3 and A4 for the offences of Section 304/34 and 427/34 as well as for Sections 147 and 323/149 IPC.

(2.) At the same time, appellant Prem Chand was tried only for the offences of section 147 and 323/149 IPC. No charge under sections 304/34 and 427/34 IPC was levelled against him. So, there was no question for holding him guilty for those offences like rest of the accused persons but he was found guilty of the Charges, as levelled against him viz. u/s 147 and 323/149 IPC. For the offence of Section 147 IPC, appellant was sentenced to one years' rigorous imprisonment while for the offence of section 323/149 IPC, he has been awarded simple imprisonment for six months. Both the sentences were directed to run concurrently.

(3.) The said Trial pertains to Police Station Mussoorrie, District Dehradun.