STATE OF UTTARAKHAND Vs. BABAR KHAN

JUDGEMENT

(1.) The Government Appeal No.41 of 2012 is directed against the judgment dated 20.04.2012 passed by learned VIth Additional Sessions Judge, Haridwar in Sessions Trial No.470 of 2004, "State vs. Babar Khan and others", whereby the accused persons/respondents are acquitted from the offences punishable under Section 302 read with Section 34, Section 307 read with Section 34 and Section 120B read with Section 302 of I.P.C.

(2.) The Criminal Appeal No.129 of 2012 is preferred against the above mentioned judgment dated 20.04.2012, whereby, following the provisions of Section 222 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), the trial court convicted the appellant-Babar Khan in the offence punishable under Section 304-A of I.P.C. and sentenced him to undergo rigorous imprisonment for one and half years along with a fine of Rs.10,000/-, in default to suffer further six months simple imprisonment. He is also convicted in the offence punishable under Section 337 of the I.P.C. and sentenced to undergo rigorous imprisonment for three months along with a fine of Rs.500/-, with default imprisonment. Both the sentences are directed to run concurrently.

(3.) Briefly stated the prosecution story as it emerges from reappreciation of the evidence on record is that an FIR was registered on 28.10.2003 at 11.15 p.m. on the basis of a written report lodged by the informant Masroor Khan, alleging in it that the informant and one Kalwa were having a litigation with the accused persons namely Babar, Sahjad, Rao Salim and Rao Abad Khan, regarding land. These persons had enmity with the informant and Kalwa due to this litigation. It is alleged in the FIR that today, October 28, 2003 at around 4.30 p.m., the informant was coming back to home with Kalwa on his scooter bearing No.U.P. 10 D-1578, after finishing court's work. The informant was driving the said scooter and Kalwa was sitting behind it. When they crossed the second bridge at Chinmaya Degree College road, an Ambassador Car, bearing No.U.P. 07-1929, which was driving by the accused Babar in a rash manner and while driving the said vehicle in a manner, with intention to kill the informant and Kalwa, he hit against the said scooter from its back and after pulling back gear on the car, the accused Babar trampled the scooter and Kalwa twice. The informant ran away and saved his life. Both, the informant and Kalwa, who was pillion rider, had sustained injuries. The remaining accused persons were sitting in that car and they all had intention to kill the informant and Kalwa. This incident was seen by one Akhtar, who was coming from his field. The accused persons ran away from the spot along with the car. The injured Kalwa was taken to Government Hospital by the informant with the help of people. The injured Kalwa was declared dead during his treatment in the hospital. The delay was caused in lodging the FIR due to treatment in the hospital. The report of the informant was written by one Naseer Ahmad.