KUNWAR SINGH & ORS. Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment and order dated 18.04.1988 passed by Sri A.S. Chaudhary, IInd Additional Sessions Judge, Nainital in Sessions Trial No. 92 of 1986 whereby the appellants were convicted under section 333 read with Section 34 of the Indian Penal Code (hereinafter referred as IPC) and each one of them was sentenced to rigorous imprisonment for a period of two years. Briefly stated the prosecution story is that Behari Lal (PW 2) lodged a written report (Ext. Ka. 1) to the effect that Kharak Singh - injured (PW 3) was posted as chaukidar at Aam Pani Nursery. The aforesaid Nursery comes within the territory of Ramnagar Range Tarai Western Forest Region and is in the reserved forest. On 26.01.1986 at 10.00 p.m. accused Kunwar Singh and Gopal (appellants in the present appeal) came to the hut of Kharak Singh situated in Aam Pani reserved forest, P.S. Ramnagar and was beaten at the hut. His clothes were also torn. The reason for the 'marpit' was that the chaukidar had seen the accused persons in the night in his hut. The victim Kharak Singh narrated the incident to Behari Lal who was Range Officer, on the basis of which Behari Lal prepared written report and was produced at the P.S. Ramnagar. On the basis of the report of Behari Lai, a case was registered at P.S. Ramnagar and an entry was made in the G.D. (Ext. Ka. 7). Injured Kharak Singh was referred to the Joint hospital, Ramnagar. There he was medically examined by Dr. J.C. Durgapal. At the time of examination the doctor has found the following injuries on the person of the injured Kharak Singh :

(2.) IN order to prove the case, the prosecution has produced Dr. G.S. Joshi (PW 1), Behari Lal (PW 2), Kharak Singh (PW 3), Dr. J.C. Durgapal (PW 4), Bachi Singh (PW 5), S.I. Dinesh Chandra (PW 6) and Amar Nath -constable (PW 7).

(3.) AFTER appraisal of the material on record, the learned Trial Court found the appellants guilty under section 333 read with section 34 IPC and convicted and sentenced the appellants as mentioned above.