HARI CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) ACCUSED Appellant Hari Chand stood trial for offence under Section 302 Indian Penal Code, 1860 (for short I.P.C.) and under Section 30 of the Arms Act. The trial court after taking into consideration the facts and circumstances of the case came to the conclusion that offence under Section 302 I.P.C. is not made out and only a case under Section 304 -A I.P.C. is made out. Thus, the Appellant was convicted under Section 304 -A and was sentenced to undergo rigorous imprisonment for one year. As regards the offence under Section 30 of the Arms Act, the trial court was of the view that though the accused had contravened the provisions of Section 30 of the Arms Act but the prosecution had failed to produce and prove the sanction of the District Magistrate to prosecute the accused under the said offence. Therefore, he could not be held guilty for the offence under Section 30 of the Arms Act.

(2.) THE brief facts of the case are that on 11.03.1991 at about 10.00 a.m., deceased Smt. Pata Devi had gone to fetch grass in the Jungle and she did not return till the evening. Therefore, her husband Ratan Singh alongwith Rai Singh, Kamal Singh, Narain Chand and Ramu Nepali went in search of her. When they had covered a distance of 2 Km. from the village, Ratan Singh called out for his wife Smt. Pata Devi and after sometime, Smt. Pata Devi responded from the place near the water tank. Complainant and Ors. reached the water tank and found Smt. Pata Devi lying there. On their enquires, she informed that somebody had caused firearm injury to her. However, none was found in the close vicinity. Meanwhile, Narayan Chandra spotted one gun lying there. They picked up the gun and remove Smt. Pata Devi for taking her for treatment to Uttarkashi Hospital. However, while she was being taken to the hospital, she died on the way. After sometimes Rai Singh brother of Ratan Singh submitted a written report (Ex -Ka -1) to Patwari Badeth. On the basis of complaint, Chick report (Ex.Ka -2) was registered in Police Station, Uttarkashi. G.D. (Ex.Ka -3) in this respect was also recorded. On 12.03.1991 at 10.30 a.m. the inquest was conducted by (PW -4) Chakradhar Semwal, Patwari who prepared inquest report (Ex.Ka -8). Rai Singh and Ratan Singh handed over the gun to Patwari Chakradhar Semwal which was picked up by them from the place of occurrence which was taken into the possession vide memo Ex -Ka -11. Since the cause of death was not known and death took place in suspicious circumstances, dead body was sent for post mortem to the District Hospital, Uttarkashi on 13.03.1991. The post -mortem was conducted on 13.03.1991 at 03.15 p.m. 3

(3.) PATWARI Chakradhar Semwal recorded the statement of the witnesses and prepared site plan (Ex.Ka -5) with regard to the place of occurrence.