SURENDRA SINGH ALIAS SINDA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 10.12.1996 passed by Second Additional Sessions Judge, Haridwar in S.T. No.252 of 1993, State Vs. Surendra Singh, whereby the learned Second Addl. Sessions Judge convicted the appellant/accused Surendra Singh under Section 307 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced him to undergo rigorous imprisonment for a period of ten years.

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

(3.) In brief, the prosecution case is that Sub Inspector Surendra Singh (PW1) lodged a report at Police Station Pathri on 23.12.1991 stating therein that on 23.12.1991 he received an information that the van looted from area Police Station Manglore is in the house of the appellant-accused Surendra Singh at Village Athal and the persons who have looted it are also there. On this information, he along with 23 other police personnel, under the leadership of Yashpal Talwar, C.O. City, reached the house of the appellant- accused Surendra Singh at 2:30 PM and raided the house of the appellant-accused. Thereafter fire was exchanged between the parties but no one was arrested on the spot. It is further averted that the appellant- accused Surendra Singh and his wife Smt. Sukhwinder Kaur and three other persons ran away from the place of occurrence. It is further averted that the cartridges used by the appellant-accused and others were recovered from the spot. With the same averments, Sub Inspector Surendra Singh lodged the First Information Report at P.S. Pathri on the same day viz. 23.12.1991 at 05:30 PM. That FIR is Ext.Ka-3. On the basis of this FIR, Chik FIR of the case was prepared by Constable Clerk Rajkumar (PW7), i.e. Ext.Ka-11. Necessary entries were also made in the G.D., carbon copy of which is Ext.Kat-12. Initially, the investigation of the case was entrusted to Sub Inspector Rajpal Sharma (PW5). Subsequently it was transferred to S.I. Satish Chandra Mehta (PW6) and thereafter it was transferred to S.I. Ramesh Chandra Chaudhary. 21 Khokha cartridges used by the appellant-accused and his accomplice were recovered by the Police and were sealed on the spot vide Ext.Ka-1. Recovery of Khokha cartridges used by the police were also made and the same were sealed vide Fard Ext.Ka-2. Constable Mange Ram and S.I. Surendra Singh were medically examined by Dr. A.K. Jain (PW4) on the same day at 10:30 PM and 10:40 PM, respectively. Injury report of Const. Mange Ram is Ext.Ka-4 and that of S.I. Surendra Singh is Ext.Ka-5. During the course of investigation, the Investigating Officer inspected the place of occurrence and prepared the site-plan, which is Ext.Ka-6. He also received a letter in Gurumukhi language, i.e. Ext.Ka-7. Hindi translation of the same letter is Ext.Ka-8. During the course of investigation, the I.O. also written a letter through S.S.P. Haridwar to S.S.P. Hoshiyarpur requesting information with regard to the criminal history of the accused persons, that letter is Ext.Ka-9. He also written a letter to Station Officer Pathri regarding recovery of licensee gun of Balkar Singh, brother of the appellant-accused, that letter is Ext.Ka-10. On 4.3.1992, DBBL licensee gun of Balkar Singh and the cartridges used were recovered by the police. Entry to this effect was made in the G.D., carbon copy of which is Ext.Ka-13. During the course of investigation, the photographs of the place of occurrence were also taken and on completion of the investigation, the charge sheet was submitted by the I.O. against the appellant-accused Surendra Singh under Section 307 of IPC. That charge sheet is Ext.Ka- 14.