PANCHAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 2 Pravendra Prasad wrote a complaint (Ext. Ka -1) on 15.12.1996 to Patti Patwari, Bamoth, against eight named accused, which complaint was registered on the selfsame day, at 04:00 P.M. The incident allegedly took place on 14.12.1996, at 04:45 P.M. The distance between the place of incident and the police station concerned was 32 kms. and hence there appeared to be no delay in lodging the FIR. After the investigation of the case, a charge -sheet was submitted against six accused persons, namely, Madho Singh, Jitendra Singh, Pancham Singh, Laxman Singh, Kalam Singh and Bhagat Singh for the offences punishable under Sections 307, 323, 147, 504, 506, 120B of IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offences punishable under Section 147 of IPC and Section 307 of IPC read with Section 149 of IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial. Accused Bhagat Singh died during the trial and hence case against him stood abated.

(2.) PW 1 Sateshwar Prasad, PW2 Pravendra Prasad, PW3 Dr. Udai Singh Rajput, PW4 Lalita Prasad (Medical Officer), PW5 Ashok Kumar Pujari (Patwari) and PW6 Kalam Singh (Patwari) were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was adduced in defence. After considering the evidence on record, learned trial court, i.e. Sessions Judge, Chamoli, vide judgment and order dated 08.01.2002, convicted accused Pancham Singh, Madho Singh, Laxman Singh, Kalam Singh and Jitender Singh under Section 147 of IPC and Section 323 read with Section 149 of IPC. Each one of the convict was sentenced to undergo rigorous imprisonment for 1 month under Section 147 of IPC. They were also sentenced to undergo one months' rigorous imprisonment alongwith a fine of Rs. 5,000/ - each. In default of payment of fine, each one of the convict was directed to further undergo simple imprisonment for 15 days. It was also directed that if the fine was realized a sum of Rs. 1,000/ - each from each convict (total Rs. 5,000/ -) be paid to the injured as compensation. Feeling aggrieved against the impugned judgment and order, present criminal appeal was preferred.

(3.) ACCUSED Madho Singh is reported to have died in the year 2011, as per the letter received from the Chief Judicial Magistrate, Chamoli. The criminal appeal filed on behalf of appellant Madho Singh is, therefore, abated.