OMBIR SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Sangam Lal Kesherwani, learned Amicus Curiae for the appellant, Sri Pradeep Rai, learned A.G.A. assisted by Sri Sharad Srivastava, learned brief holder for the State and perused the record of this appeal.

(2.) By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 28.07.2008 passed by Additional Sessions Judge, F.T.C. Court No. 5, Bareilly, in Sessions Trial Nos. 526 of 2006 concerning Case Crime No. 35 of 2004, under Sections 324, 394, 376/511 IPC, Police Station Sheesh Garh, District Bareilly, whereby the accused appellant has been sentenced to undergo one year simple imprisonment under Section 324 IPC and seven years R.I. coupled with fine of Rs. 5000/for offence under Section 394 IPC, and in default of payment of aforesaid fine, he will have to undergo six months additional imprisonment.

(3.) Brief facts, as discernible from the record are rooted in the information, Exhibit Ka1, whereby it transpires that the informant Mahendra Pal Singh lodged written report at Police Station Sheesh Garh on 24.02.2004 at 1.15 A.M. against appellant Ombir Singh, alleging therein that informant's mother Sanehi Deviwas going to Village Khamariya from Haldwani. Ombir Singh S/o Suraj Pal Singh, resident of Village Banjariya, Police Station Sheesh Garh met her (Smt. Sanehi Devi) in the evening on way of Banjariya and Khhamariya. He beat her and looted Rs. 3,000/- in cash and some cloths. On alarm being raised, a number of persons arrived on the spot including Bharat Singh, who witnessed the incident. It has been described in the F.I.R. that the informant took his mother Sanehi Devion a tractor trolley and went to the police station. Request was made for lodging the report and taking appropriate action. This written report is Exhibit Ka1.