CHAKRA BHAN Vs. STATE

JUDGEMENT

(1.) Present Criminal Appeal has been preferred under Sec. 374 of Code of Criminal Procedure (hereinafter referred as "Cr.P.C.) against the judgment and order dtd. 7/4/1988 passed by Sessions Judge, Hamirpur in Special Case No. 58 of 1986, whereby trial court convicted the appellants under Ss. 387/149, 148, I.P.C. and sentenced them under Sec. 387/149, I.P.C., 3 years rigorous imprisonment each and under Sec. 148, I.P.C., 1 year rigorous imprisonment each. Both the sentences shall run concurrently.

(2.) Brief facts of the case giving rise to the present appeal are that the first information report dtd. 1/4/1986, which was lodged by PW-1 Kripal Singh alleging that on 1/4/1986 at 10.00 a.m. he was going to his field. On the way Ram Gopal, Indal and Chhote Lal met him. At about 10.45 a.m., when they reached near the Well of Jagat where appellants ambushed having Pharsa, guns and sticks, surrounded them and threatened with dire consequences and got thumb impression on left hand over simple paper and threatened if he did not pay Rs.10,000.00, he would face dire consequences.

(3.) After lodging of F.I.R. on 1/4/1986 at 15.30 p.m., Sub-Inspector R.P. Tiwari started the investigation, who prepared sketch plan of the place of incident and after recording the pre-summoning evidence, charge sheet has been submitted under Ss. 147, 148, 384, 387, 341, I.P.C. and Sec. 2(b), 10/12 of Dacoity Affected Area Act against the appellants.