KHARAK SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 1 Uchchap Singh lodged an FIR against Kharak Singh and Bhagwat Singh on 10.05.1992, in Patwari Circle, Karmi, Bageshwar (the then District Almora), which was registered as case crime no. 01 of 1992, under Sections 323, 307, 504, 506 of IPC and under Section 27 of Arms Act. The incident allegedly took place on 09.05.1992, at 07:00 P.M. The distance between the police station concerned and the place of incident was 35 kms. and hence there appeared to be no delay in lodging the FIR. After the investigation, a charge -sheet was submitted against accused Kharak Singh and Bhagwat Singh for the offences punishable under Sections 307, 324, 504, 506 of IPC and Section 27 of the Arms Act. 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 Sections 504, 506 of IPC and Section 307 of IPC read with Section 34 of IPC was framed against the accused persons. A separate charge under Section 27 of the Arms Act was also framed against accused Kharak Singh. Both the accused pleaded not guilty to the charges framed against them and claimed trial.

(2.) PW 1 Uchchap Singh (informant), PW2 Bhupal Singh, PW3 Smt. Chandra Devi, PW4 Mohan Singh (Patwari), PW5 Surendra Mohan Sharma (Medical Officer) and PW6 Mohan Ram (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, Bageshwar, convicted accused Kharak Singh under Section 307 of IPC. The convict was sentenced to undergo rigorous imprisonment for five years alongwith a fine of Rs. 5,000/ -, vide judgment and order dated 30.08.2001. Feeling aggrieved against the impugned judgment and order, present criminal appeal was filed by the accused -appellant.

(3.) CO -accused Bhagwat Singh was exonerated of the charges levelled against him. Accused Kharak Singh was also acquitted of the charges under Section 504, 506 of IPC. He was also exonerated of the charge under Section 27 of the Arms Act.