DHOORAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal,preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P. C.) is directed against the judgment and order dated 19/20-8-1988 passed by Sessions Judge, Tehri Garhwal in Sessions Trial No. 14 of 1987, State v. Dhoorat Singh and others, whereby the learned Sessions Judge has convicted appellant dhoorat Singh under Sections 324 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) and awarded sentence of one year's R. I. and ordered to pay a fine of rs. 500/- and in default of payment of fine the appellant has to undergo three months' further R. I. under Section 324, I. P. C. and acquitted Sobat Singh and Dil Bahadur singh.

(2.) IN brief, the prosecution case is that complainant Heera Lal moved an application before city Magistrate, Narendra Nagar on 21 -1 -1986 with the allegation that in the evening of 20-1-1986 at about 7. 00 p. m. he was going to take meal in the hotel. As he reached at the road, he saw the two constables of Narendra Nagar Police Station were enquiring something from the accused shiv Singh and were asking him that he was called by S. O. Meanwhile, Dhoorat Singh told them that he would produce his servant tomorrow before them. On this assurance the constables went from there. As the constables went from the place of occurrence, accused asked from Heera Lal that he had lodged a false complaint against him in Narendra Nagar Police Station, due to this reason these police personnel had come here, After that all the five accused persons started to beat Heera Lal. He cried and on hearing his cries, Patwari Bhagwan Das, ratan Lal, Chandan Singh. Raghuveer Singh sajwan and Shiv Raj Singh came at the place of occurrence. At that time he has fallen down on the road. He has further stated that from his hand one H. M. T, wrist watch price about Rs. 290/-, Rs. 1,500/- from his pocket and a golden ring of about Rs. 1,200/- from his finger were taken by the present appellant dhoorat Singh. After that the accused persons ran away from the place of occurrence leaving him in an injured condition. On the place of occurrene he found one khukhri and one iron rod (sariya ). Later on he was medically examined in Fakot Hospital and he has also stated that the accused also caused injury to Chandan Singh and chandan Singh also medically examined. That application is Ex. Ka-1. On this application the City Magistrate passed order to s. O. concerned for registering the F. I. R. and for necessary action. The F. I. R. was lodged in the Police Station on 21-1-1986 at 14. 20 hours under Section 395, I. P. C. and on the basis of this F. I. R. , the Chik F. I. R. was prepared in the Police Station narendra Nagar by the Head Moharrir bharose Lal that Chik F. I. R. is Ex. Ka-2. The entry was also made in the G. D. the copy of the G. D. is Ex. Ka-3. The investigation of the case was entrusted to S. I. , P. S. Bhandari. Later on the investigation was transferred on 25-1-1986 to S. I. Govind ballabh Pandey. The injury report of the injured is Ex. Ka-8. During the course of the investigation the Investigating Officer re corded the statements of the witnesses and took the blood stained clothes of Heera Lal and iron rod (sariya) in his possession and fard was prepared, that Fard is Ex. Ka-9. He has also prepared the site plan of the place of occurrence, i. e. Ex. Ka-10. After completing the investigation he filed the charge sheet against the present appellant and other two co-accused Sobat Singh and oil Bahadur Singh under Section 307, I. P. C. on 16-2-1986, that charge sheet is Ex. Ka-7.

(3.) LEARNED Chief Judicial Magistrate committed the case to the Court of Session on 5-5-1987 under Section 209, Cr. P. C. after complying the provisions of Section 207, Cr. P. C.