GANGA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CRIMINAL Appeal No. 123 of 2010 has been filed assailing the judgment and order dated 09.06.2010, passed by the Sessions Judge, Nainital in S.T. No. 265 of 2002, whereby all the appellants were held guilty for the offence punishable under Section 302 read with 34 I.P.C. and awarded life imprisonment and fine of Rs. 10,000/ -; appellants were also held guilty for the offence punishable under Section 324 read with 34 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of two years; all the accused /appellants were also held guilty for the offence punishable under Section 323 read with 34 I.P.C. and were sentenced to undergo rigorous imprisonment for a period of one year with the stipulation that all the sentences shall run concurrently. Criminal Revision No. 134 of 2010 has been preferred against the judgment and order dated 09.06.2010, passed by the Sessions Judge, Nainital in S.T. No. 88 of 2004, whereby accused/respondents in the revision were acquitted from the charges punishable under Sections 147, 148, 323 read with 149, 452 and 506 I.P.C.

(2.) SINCE both the trials were outcome of the cross cases lodged against each other for the same occurrence, therefore, with the consent of the learned counsel for the parties, both the cases were heard together and are being disposed of by this common judgment. Undisputed fact of the present cases, inter alia, are that one litigation was going on between Chandan Singh and others Vs. Kharag Singh under Section 229 -B read with Section 176 of U.P.Z.A.L.R. Act, which was decreed on 22.06.2002 allotting the lots in favour of the plaintiff Chandan Singh and others, over Khasra No. 24, 59, 57M, 58M, 100M, 122 and 123M in Village Lakhanpur, Tehsil Haldwani, District Nainital.

(3.) AS per the facts of Criminal Appeal No. 123 of 2010 PW1 Balam Singh handed over written report to the Police Station, Haldwani on 25.06.2002, written by Kunwar Singh PW4, stating therein that on 25.06.2002 P.W.1 Balam Singh alongwith his real brothers Chandan Singh (deceased) and Chatur Singh (PW3) and his nephew Prem Narain Singh PW2 and Chandan Singh S/o Daleep Singh (Servant) was going at about 01:00 p.m. towards the house of Village Pradhan; since case pending between them and their uncle Kharak Singh was decided on 22.06.2002, therefore, they were going to the house of Gram Pradhan to settle the dispute amicably and to take possession over the lot as decided by the S.D.M with the intention if possession is not handed over peacefully as per the amicable settlement, they will approach the Police; the moment PW1 Balam Singh and his brothers and nephews reached near the agricultural field, in question, for the purpose of measuring the land, meanwhile, Ganga Singh S/o Kharak Singh, Pan Singh S/o Ganga Singh, Ishwar Singh S/o Kharak Singh and Pappu S/o of Diwan Singh came and started abusing PW1 Balam Singh and his brothers and nephews; all of a sudden, all the accused persons went to their house which was in the field in question and came out armed with khukhari, sword, iron rod and stick and started assaulting PW1 Balam Singh and his brothers and nephews; having received the injuries at the hand of the accused, brother of PW1 Balam Singh, Chandan Singh S/o Soban Singh fell down on the ground and other members of the complainant party received injuries at the hands of the accused persons; accused Ishwar Singh was armed with the weapon looking like sword, Ganga Singh was armed with khukhari, Pan Singh was armed with iron rod while Pappu Singh was armed with stick; on this complainant party started crying; thereafter, accused party left the spot; thereafter, complainant party went to the Hospital in Jeep; meanwhile, Chandan Singh expired and others are being treated in the Hospital.