GURDEEP SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.4.2004, passed by the Additional Sessions Judge/IIIrd FTC, Udham Singh Nagar, whereby the appellant has been convicted for the offences under Sections 307, 332 and 353 IPC and sentenced to undergo R.I. for three years and to pay a fine of Rs. 2000/- for the offence under Section 307 IPC; to undergo R.I. for six months for the offence under Section 332 IPC and to undergo R.I. for three months for the offence under Section 353 IPC.

(2.) Facts of the case are that on 3.12.2001 at 1.05 PM, Constable Meghraj Singh lodged an FIR stating that at about 12.30 PM on the said date, when he was coming from Malik Colony after doing the official work and was going towards the police station, suddenly Gurdeep Singh and his two companions met him on the Malik Colony road and they stopped the informant and started saying him that he inquires and searches about them and Gurdeep Singh opened fire from his pistol with intention to kill the informant, who suffered the gunshot on his right hand. Thereafter other companions of the appellant also opened fire. On hearing the alarm raised by the informant people of the vicinity came at the spot and thereafter the appellant and his companions fled away from the spot. Meanwhile, Assistant S.I. Nandan Singh Bhandari and employees of the Adharsh Colony Chowki arrived at the spot.

(3.) After investigation, the police submitted the chargesheet against the accused appellants for the aforementioned offences. Prosecution examined the informant and the injured Constable Megh Raj as PW1, ASI Nandan Singh Bhandari as PW2, the Investigation Officer SI (Rtd.) Lal Singh Dhonia as PW3, Dr. Suresh Kumar, who medically examined the informant, as PW4 and Sub Inspector R.R Pathak, who made the initial investigation of the case, as PW5. In defence, the appellant produced Jagir Singh as DW1.