UDAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374 Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 05.08.2004 passed by the learned Additional District and Sessions Judge/First F.T.C. Nainital, in Session Trial No.111 of 2003, State vs. Udal and others, whereby the Court below convicted the appellant/accused- Udal Singh under Section 307 IPC read with Section 34 IPC, and sentenced to undergo seven years'' R.I. along with fine of Rs. 2,000/-.

(2.) Facts, in nutshell, are that on 31.05.2003 the complainant-Sheeshpal moved an application before the P.S. Ramnagar with the allegation that the accused has assaulted him on 11.05.2003. These persons want him and his family to drive away from the village. The whole village was in terror due to their hooliganism. He is alone and his land has been suppressed by them and due to their old enmity the accused come to his house and called him and fired on him.

(3.) On the basis of the above report, the case was registered against the accused. The Investigating Officer, during investigation, inspected the place of occurrence and prepared site map, after completion of investigation submitted charge-sheet against the accused.