JASVEER SINGH & OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7.9.2016 rendered by the First Additional Sessions Judge, Haldwani (Nainital) in Sessions Trial No.113 of 2012, State v. Jasvir Singh & others, as well as in Sessions Trial No.114 of 2012, State v. Mukhtar Singh, whereby the appellants/accused, who were charged with and tried for the offences under section 147, 148, 307, 506 and 427 IPC, have been convicted and sentenced to undergo one year rigorous imprisonment with fine of Rs.1,000/- each and in default of payment of fine, to undergo one month' additional imprisonment for the offence of Section 148 I.P.C.; they were further convicted and sentenced to undergo four years' rigorous imprisonment with fine of Rs.1,000/- each and in default of payment of fine, to undergo one month additional simple imprisonment for the offence of Section 307 I.P.C.; they were further directed to undergo six months' rigorous imprisonment with fine of Rs.500/- each for the offence of Section 506 I.P.C., and in default of payment of fine, to undergo fifteen days' additional simple imprisonment; each of the accused was further convicted and sentenced to undergo three months' rigorous imprisonment with fine of Rs.500/- each and in default of payment of fine, to undergo fifteen days' additional simple imprisonment for the offence of Section 427 I.P.C. The sentences were directed to run concurrently.

(2.) Case of the prosecution, in a nutshell, is that on 4.7.2009, a first information report was registered against the accused/appellants. According to the contents of the FIR, PW2 Jagtar Singh was given beatings by the accused near Kamluaganja Steel Factory on 4.7.2009 at around 1:30 PM. Accused were armed with sticks, iron rods and swords. PW2 Jagtar Singh tried to escape but he lost his balance and thereafter, all the accused persons gave beatings to PW2.

(3.) PW3 Dr. M.S. Laspal medically examined PW2 Jagtar Singh. X-ray of the victim was also conducted, on the basis of which the supplementary report was prepared, wherein two fractures were found in injury nos.2 and 3 of PW2 Jagtar Singh.