RAJEEV WALIA @ RAJU WALIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Akhil Kumar Sah, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

(2.) IN brief, the prosecution case is that on 22.8.2009 at about 9.30 pm, Kaladhungi police received an information that an altercation has took place at Punian Restaurant between Balwant Singh Kanyal and Neeraj Tiwari and their supporters. On this information, police went to the said restaurant and brought Balwant Singh Kanyal, Neeraj Harwil, Neeraj Tiwari and some other persons to Kaladhungi police station. Thereafter Balwant Singh Kanyal was shot in the compound of the police station, who was immediately taken to Haldwani for treatment but died in the way to the hospital. The FIR of the murder of Balwant Singh Kanyal was lodged by Sher singh, his brother -in -law on 23.8.2009 at 5.25 pm with PS Kotwali, Haldwani as FIR No. nil/2009 under Section 147, 148, 149, 504, 302 IPC. This case was transferred to Kaladhungi police station for investigation as the incident was related to PS Kaladhungi and it was entered into GD at PS Kaladhungi at GD rapat No. 10 at 6.15 pm on the same day.

(3.) THEREAFTER on 23.8.2009 at about 9 am, police received an information that some people have blocked the highway near the village Chakluva in protest of the murder of Balwant Singh Kanyal. On this information, Harish Chandra Sati, CO, Ramnagar, SI Sunder Singh Rawat and SHO, Ramnagar reached at the place of occurrence along with police force, where about 500 -600 people had assembled which was being led by the accused applicant and another co -accused Ramesh Kanyal, Jaman Singh Bora, Bhupal Rawat @ Bhupal Singh Rawat, Virendra Chandra @ Munna Driver, Pushkar Singh Mehta @ Pushkar Chowminwala and some other co -accused persons. These people were identified by the police. These people were armed with lathi, danda, sickle, axe, pistol and canes of petrol and kerosene oil. They were raising slogans and were also abusing the police. Circle Officer tried to make them understand but they remained adamant and became violent. Carbine of Head Constable Kishore Tiwari was snatched. The mob attacked the police party in which many police personnel including the complainant received injuries. A bus of roadways was also set on fire by the mob. With these averments FIR No. 47/2009 under Section 147, 148, 149, 397, 336, 427, 341, 332, 333 IPC, Section 7 of Criminal Law Amendment Act and Section 3 of PPDP Act was lodged with PS Kaladhungi by SI Sunder Singh Rawat on 23.8.2009 at 5.10 pm.