CHANDAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is received from jail on behalf of the appellants, through the Jailor District Jail, Nainital and is directed against the judgment and order dated 16.01.2019, passed by learned II Addl. Sessions Judge, Nainital, District Nainital, in Sessions trial no. 141 of 2013, whereby appellants Chandan Singh, Puran Singh and Manoj Sharma were convicted under Sections 326 and 307 of IPC and all of them been sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.5,000/- each under Section 326 IPC; and rigorous imprisonment for a period of five years along with a fine of Rs.5,000/- each under Section 307 of IPC. Both the sentences were directed to run concurrently.

(2.) Heard learned counsel for the parties and perused the entire evidence on record.

(3.) Criminal law was set into motion at the instance of PW3 Indra Singh Parihar lodged an FIR with P.S. Bhimtal, District Nainital, stating therein, that on 19.08.2011, his younger brother Dipendra Singh Parihar was stationed on Chafi Bridge for collecting road tax. At about 08:30 P.M., Pappu Singh, Puran Singh, Chandan Singh and Manoj Sharma, all r/o Village Alchona, armed with hockey, sticks and motorcycle chain came there and with common intention starting assaulting his brother Dipendra, due to which he sustained injuries on nose, head and other parts of body and he lost consciousness. It is also alleged that the accused persons also assaulted other employee chandan Singh, but he somehow managed to escape. The injured was admitted in Krishna Nursing Home, where he is under medical treatment.