GIRBIR SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment & order dated 24.06.2002 passed by Mr. Bharosi Lal, the then Sessions Judge, District Uttarkashi in ST No. 6/1999, whereby the appellants were convicted and each of the appellants were sentenced to undergo R.I. for two months and for six months under sections 147 IPC and section 332 read with section 149 IPC. The facts, in nutshell, are that on 20.01.1999 at about 10 p.m. the appellants alongwith 10 -12 co -accused came at the police station Kotwali, District Uttarkashi. At that time, Constable Raghubir Singh PW 1 was on the guard duty in the police station. Head Constable Padam Singh and Constable Navin Chandra PW 3 were busy in the official duty in the police station. The appellants alongwith 10 -12 other persons entered in the compound of police station, started assaulting Constable Raghuvir Singh and tried to snatch rifle from him. Another Constable Rajendra Pal Singh PW 2 tried to rescue Constable Raghubir Singh PW 1 but accused persons also belaboured him and appellant Girbir Singh kicked to his private part of the body. Hearing hue and cry, complainant Head Constable Padam Singh and Constable Navin Chand PW 3 came to the gate of police station. The accused persons started pelting stones on the police personnel. Girbir Singh appellant pelted stones upon H.C. - Padam Singh due to which Padam Singh sustained injury on his head. When S.I. Pradeep Kumar, Station Incharge, who was busy in maintaining law and order in Magh Mela, received the information about the incident he immediately rushed to the police station and arrested the appellants at the spot with the help of police personnel. Thereafter, Head Constable Padam Singh lodged a written report Ex.Ka.8 at the police station at 10:30 p.m. on the same day. Thereafter, the matter was investigated by the I.O. and he recorded the statement of the witnesses as well as he visited the spot. After completing the investigation, the Investigating Officer submitted the chargesheet before the court against the appellants.

(2.) AFTER submission of chargesheet the appellants -accused were committed to the court of Sessions for trial and the trial court framed charges against the accused persons. They denied the charges levelled against them and claimed their trial.

(3.) THE accused persons were examined u/s 313 Cr.P.C. and they have pleaded not guilty to the offences. They have has stated that they have been falsely implicated in this case.