BABLOO ALIAS DAVENDER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these four appeals are directed against the judgment and order dated 28/30.08.2008, passed by Additional Sessions Judge/ I Fast Track Court,3 Haridwar, in Sessions Trial No. 281 of 2007, Session Trial No. 282 of 2007, and Sessions Trial No. 283 of 2007, whereby said court has convicted the appellants Babloo and Vikas under section 307 read with section 34 IPC, and also under section 25 Arms Act. Each one of the convicts has been sentenced to rigorous imprisonment for a period of ten years, and directed to pay fine of 10,000/-. Each one is further sentenced to rigorous imprisonment for a period of five years, and directed to pay fine of ' 5,000/- under section 25 Arms Act.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that on 19.04.2007, P.W.2 Kalu Ram lodged First Information Report at Police Station Bhagwanpur with the allegation that P.W.1 Brahm Pal (injured) was in his clinic in Bhagwanpur, when accused / appellants Babloo and Vikas came on a motor-cycle, and fired shots at Brahm Pal. P.W.1 Brahm Pal suffered two injuries. The two accused were chased, and arrested at the spot with the help of the witnesses present. On the basis of the FIR, check report (Ex. A11) prepared by the police, and crime4 no. 80 of 2007, relating to offence punishable under section 307 and 326 IPC, was registered against both the accused. Investigation was conducted by SubInspector B.L. Bharti (P.W.7). The injured (Bhram Pal) was medically examined by P.W.5 Dr. Ajay Mohan Agarwal on 19.04.2007, who prepared inquest report (Ex. A2). After receipt of x-ray film, supplementary report (Ex. A3) was prepared by the medical officer. Separate crime nos. 81 of 2007 and 82 of 2007, were registered against the two accused in respect of offence punishable under section 25 Arms Act. After interrogating the witnesses, and completion of investigation one charge sheet relating to offences punishable under section 307/326 IPC, was filed against the two accused, and two separate charge sheets relating to offence punishable under section 25 Arms Act, were filed against them separately.