LAXMAN SINGH AND ANR. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This a criminal appeal against the judgment and order dated 31st August, 1992 passed by Sri Krishna Kumar, the then Sessions Judge, Pauri Garhwal in ST. Nos. 20 and 21 of 1990 whereby the Appellants were convicted Under Sec. 325 read with Sec. 34, 342 read with 34 I.P.C. and sentenced them to undergo R.I. for a period of two years and one year respectively. Both the sentences were to run concurrently.

(2.) The prosecution case in a nutshell is that on 25 -10 -1989, Constable Birendra Singh was on patrol duty on the occasion of Diwali to inquire about gambling etc. Birendra Singh reached at the shop of Laxman Singh Appellant No. 1 at 10:30 PM. The Constable Birendra Singh asked about the dispute of Gram Pradhan on which the Appellant Laxman Singh abused and threatened him. The Appellant gave lathi blow to the constable and caused injuries on his body. During the course of marpeet, father of the Appellant Mahadev Singh reached there and both of them caught hold of Birendra Singh and confined him inside the shop. They also looted cash of Rs. 108/ - and wrist watch from the constable. They tied the constable Birendra Singh with rope inside the room. On the next day Mahadev Singh went to make arrangement for a vehicle because in the night Laxman Singh -Appellant told him that liquor shall be forcibly given to him and he shall be produced before the court of C.J.M. for sending him to jail. In the meantime, S.I. reached there and rescued the constable from the custody of Laxman Singh Appellant No. 1.

(3.) Thereafter, the constable Birendra Singh was brought to the police station where he lodged a written report Ex.Ka.1. On the basis of the written report, a case was registered. The injuries of Birendra Singh were examined. X -ray of the injured was conducted. The investigation was taken up as usual which culminated into the submission of the chargesheet.