HARKESH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374(2) against the judgment and order dated 30.05.2005, passed by the learned Sessions Jude, Udham Singh Nagar in Session Trial No.24 of 2003, Case Crime No.2 of 2002, State Vs. Harkesh Singh and Ors., under Sections 379, 435, 427, 504, 506 IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at P.S. Jaspur, District-Udham Singh Nagar, whereby the appellants were convicted and sentenced each one of them under Section 379 IPC by imposing a fine of 5,000/- (Rupees Five Thousand Only), under Section 435 IPC with rigorous imprisonment for a period of one year and a fine of Rs.500/- (Rupees Five Hundred Only), under Section 427 IPC with a fine of Rs.500/- (Rupees Five Hundred Only) and under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act with rigorous imprisonment for a period of six months and a fine of Rs.1000/- (Rupees One Thousand Only).

(2.) Brief facts of the case are that on 16.05.202 the informant-Phool Singh filed an application under Section 156(3) Cr.P.C. in the Court of Chief Judicial Magistrate, Udham Singh Nagar with the allegations that he belongs to Scheduled Caste community while the accused belong to upper caste. On 09.04.2002 at 10 p.m. while the informant was sleeping inside his hut, the accused came along with 40-50 men in two tractor-trolleys and insulted him by using filthy and abusive language and fired a gun shot but the informant escaped. Thereafter, the accused took away the harvested wheat in tractor-trolley and threatened to kill him.

(3.) On the basis of the information, an FIR was lodged on 18.05.2002 at 8:15 a.m. After investigation a charge sheet was filed against the accused persons under Sections 379, 435, 427, 504, 506 IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.