CHANAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C), has been preferred by the appellants against the judgment and order dated 31.05.1986 passed by Sessions Judge, Almora in Sessions trial No. 03 of 1986, State Versus Chanar Singh & others, whereby the learned Session Judge convicted the Chanar Singh, Bhawan Singh and Gopal Singh S/o Har Singh, appellant Nos. 1 to 3 respectively and awarded a sentence for 6 months R.I. to each of them for the offence under Section 323 I.P.C. and accused Gopal Singh S/o Umed Sigh and Bhim Singh, appellants Nos. 4 and 5 respectively were convicted under Section 323 read with Section 149 of I.P.C. and they were awarded sentence for 6 months R.I. to each of them. All the appellants/ accused persons were further convicted for an offence punishable under Section 147 I.P.C. and were awarded 6 months R.I. each and accordingly all the sentences were also directed to run concurrently. In brief the prosecution story is that complainant Dharmanand as well as injured Debi Datt, Krishnanand and Ganesh Datt belong to one family and they have a cloth shop known as Debi Datt Krishnanand in village Doram. It is alleged that the accused persons were inimical to the complainant and other members of his family as accused Chanar Singh and Nain Singh, who is the brother of accused Bhim Singh, had falsely implicated the brothers of the complainant in a murder case. It is stated that at about 5 P.M. on 11.6.85 at village Doram, Patti Patwari Kot Meherbind, all the accused persons reached the shop of the complainant armed with Lathis and stones. They started pelting stones and when they were asked not to do so, they entered the shop and started beating Krishnanand, Ganesh Dutt and Debi Datt causing a number of injuries of them. The accused persons also looted an amount of Rs. 3,000/ - from the shop. It is alleged that witness Nityanand, Chandra Singh and Parmanand were the witness of the occurrence. Thereafter, Dharmanand, P.W. 1, lodged the written report, Ex. Ka -1, with the Patwari, Madan Singh Birodia, PW5, prepared the Chik Report Ex. Ka -6 in accordance with the written report, Ex. Ka -1 and the case was accordingly registered. The statement of witness Dharmanand was also recorded by the Patwari. The Patwari reached the place of occurrence in the morning of 12.6.85 and sent the injured persons to Almora Hospital and prepared the site plan i.e. Ex. Ka.7 on 12.6.1985. He took in his possession letter Ex. Ka. 5 and invoice Ex. 3. He has also interrogated the accused persons and after that the accused persons surrendered in court on 17.6.1985. After completing the investigation, the Patwari concerned submitted the charge sheet Ex -Ka. 8 on 6.8.1985.

(2.) THE Patwari concerned has submitted the charge sheet in the court of C.J.M., Almora and C.J.M., Almora has committed the case to the court of Sessions, Almora vide his order dated 13.1.1986 after complying with the provisions under Section 207 Cr.P.C.

(3.) THE prosecution has examined as many as five witnesses in support of its case. Dharmanand is the P.W. 1, who has lodged the FIR and has proved the FIR Ex. Ka.1. He is stated to be an eyewitness for the occurrence. Parmanand is P.W. 2 who also has been examined as eyewitness of the occurrence. Dr. G.P. Painyuli, P.W. 3 has been examined who proved the injury reports. Ganesh Dutt is the P.W.4 who is said to be one of the injured persons. Madan Singh Birodia, Patwari is the P.W. 5 who had conducted the investigation in the case.