KARTAR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. PC), is directed against the judgment and order dated 25.4.1997 passed by the Special Judge/Additional Sessions Judge, Nainital in Sessions Trial No. 295 of 1992, State v. Kartar Singh & Anr., whereby learned Additional Sessions Judge has convicted the accused appellants Kartar Singh and Sohan Singh under Section 379 of Indian Penal Code, 1860 (for short, IPC) and sentenced each of them to undergo R.I. for three years. However, the accused appellants were acquitted of the charges levelled against them under Section 307 and 411 IPC.

(2.) In brief, the prosecution case is that on 19.12.1990, an FIR was lodged by Prem Chand Singh, Range Officer with the averments that in the night of 18/19.12.1990, the accused appellants committed theft of Sagon wood after cutting nine trees of Sagon from compartment no. 3 of Basgar Beet of forest department within PS Sittarganj. The accused appellants fired at the forest employees, viz., Kirti Prasad, Harish Lal (PW3), Anant Ram (PW5), Satya Narain Rai (PW1) and Charan Singh (PW2) with firearms when the above forest employees tried to stop them while they were taking away the Sagon wood from the Basgar Beet. On the same day, the stolen pieces of wood of nine Sagon trees were recovered from the field of the accused appellants in Doda Farm, Sittarganj and fard Ex.Ka-2 was prepared. On the basis of the FIR, Chick FIR Ex. Ka-4 was prepared by Head Mohavir Shankar Nath. Necessary entries were made by him in the GD. Carbon copy of GD is Ex. Ka-5.

(3.) Investigation of this case was handed over to PW 6 S.I. Man Singh Sirohi, who during the course of investigation inspected the place of occurrence and prepared the site plan Ex. The I.O. also inspected the place of recovery and prepared the site plan Ex. Ka-7. During the course of investigation, he recorded the statements of the witnesses and after completing the investigation, filed the charge sheet Ex. Ka-8 against the accused appellants.