SWAROOP SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment and order dated 05.12.1996 passed by IInd Additional Sessions Judge, Nainital in Sessions Trial No. 21 of 1992 whereby the accused appellants were tried for the offences punishable under section 307 read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for five years and appellant no. 1 (in Sessions Trial No. 22/1992) & appellant no. 2 (in sessions trial no. 23/1992) were convicted under section 25 Arms Act and were sentenced for two years of rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) BRIEF facts as per the prosecution case are that on 18.03.1991 constable Chanchal Singh, S.I. Om Prakash, Incharge Inspector Randhir Singh, S.I. Surendra Singh and constable Shivram Singh proceeded from Police Station in Truck No. 2143 driven by constable Kripal Singh for patrol duty. While patrolling, Police party reached village Dohari, they received a secret information about two Sikh Gentlemen having firearms and posing to be terrorist, are likely to reach that area.

(3.) ON completion of investigation, challan was presented and accused were charge sheeted under section 307 read with 34 I.P.C. and under section 25 of the Arms Act.