MAHENDRA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 Devendra Prasad wrote a complaint to SO Bhagwanpur on 03.11.1990, which was registered as case crime no. 123 -A of 1990, under Sections 147, 148, 149, 308, 323, 324 IPC against Mahendra, Magan, Ishwar, Upendra, Mahipal, and Kushalpal. After the investigation, a charge -sheet was submitted against all the six accused persons for the offences punishable under Sections 147, 148, 149, 307, 323 and 324 IPC. The case was committed to the Court of Sessions.

(2.) WHEN the trial began and prosecution opened it's case, charge for the offences punishable under Sections 147, 148, 307 IPC read with Section 149 IPC, Section 323 IPC read with Section 149 IPC and 324 IPC read with Section 149 IPC were framed against the accused persons, who pleaded not guilty and claimed trial. As many as 8 witnesses, namely, PW 1 Devendra Prasad, PW 2 Rajbeer, PW 3 Sunil Kumar, PW 4 Ram Nath, PW 5 SI Bhaiya Lal, PW 6 Dr. N.K.Mishra, PW 7 Dr. B.V.lal and PW 8 Dr. Ratan Kumar were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. DW 1 Phool Singh, DW 2 Dr. Ajay Kumar, DW 3 Dr. D. M. Sharma and DW 4 Kushalpal were examined in defence. Apart from the above, CW -1 Nanheram Sagar was examined by the trial court.

(3.) AFTER considering the evidence on record, accused Mahendra, Ishwar, Upendra and Kushalpal were convicted under Section 307 IPC read with Section 149 IPC, Section 323 IPC read with Section 149 IPC and Section 324 IPC read with Section 149 IPC and were sentenced appropriately. However, the accused persons were acquitted of the charges under Sections 147 and 148 IPC. Aggrieved against their conviction and sentences, vide order dated 05.11.2001, present Criminal Appeal was preferred on behalf of the convicts.