SHAHID AND OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) In the instant case, criminal law was set into motion on the request of one Kailash s/o Bhure, who wrote a complaint (Ext. Ka-1) to the Inspector, Police Station Kashipur, District Udham Singh Nagar on 24.05.2000, regarding the incident of attempt to murder on his brother Nar Singh and his father Bhure.

(2.) According to the informant, on 24.05.2000, Shahid and Nasir were roaming around in front of informant's house brandishing country made pistols. There was water logging and as a result of which, mud was collected on the road. On noticing the same, accused persons hurled abuses at the informant. After 15 minutes, at around 07:30 P.M., Shahid, Nasir, Ashik Ali and Zakir Ali came carrying country made pistols in their hands. Informant got frightened and closed the door of his house. Shahid and Nasir scaled the wall and fired with their country made pistols with the intention of killing the family members of the informant. Informant's brother Nar Singh sustained injuries of pellets in his abdomen and right arm. Informant's father Bhure also sustained pellet injuries in both of his legs. Ashik Ali and Zakir Ali guarded the entrance of complainant's house in the meantime. On hearing the sound of fire, Pappu, Jugnu, Prem Lal and many other villagers reached at the place of incident. The accused persons fled away after threatening them with dire consequences. On the basis of said complaint, chik FIR (Ext. Ka-3) was lodged at Police Station Kashipur on 24.05.2000, at 08:45 P.M., which was registered as Case Crime No. 762 of 2000, in respect of offences punishable under Sections 307 and 506 of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. On the basis of said FIR, the investigation began. According to PW8 S.I. C.P. Singh, the investigation was entrusted to Circle Officer Rakesh Kumar Jolly, who recorded the statements of the witnesses, inspected the place of occurrence on 24.05.2000, prepared site plan (Ext. Ka-4), affected arrest of accused Nasir, recorded the injuries sustained by Nar Singh and Bhure in CD. Rakesh Kumar Jolly also wrote the contents of supplementary medical report of Nar Singh in CD and finally submitted charge sheet (Ext. Ka-9) against the accused persons in relation to the offences punishable under Section 307 read with Section 34 of IPC, and Section 506 of IPC and under Section 3(1)(x) / 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) When the trial began and prosecution opened it's case, charges for the offences punishable under Section 307 of IPC read with Section 34 of IPC, Section 506 of IPC and under Section 3(1)(x) / 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were framed against the accused persons, namely, Shahid, Nasir, Ashik Ali and Zakir Ali, to which they pleaded not guilty and claimed trial. As many as eight witnesses were examined on behalf of the prosecution. They were PW1 Bhure, PW2 Nar Singh, PW3 Kailash, PW4 Pappu, PW5 Dr. Yashpal Singh, PW6 Constable Ramesh Chandra, PW7 Dr. Shamim Ahmad and PW8 S.I. C.P. Singh. After the prosecution evidence was closed, incriminating evidence was put to accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. Their case was of simple denial. They did not say anything specific in their statements under Section 313 of Cr.P.C. No witness was examined in defence. After considering the evidence on record, learned trial court convicted accused Shahid and Nasir for the offences punishable under Sections 307 / 34 of IPC and Section 506 of IPC and under Section 3(1)(x) / 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and were sentenced appropriately. Accused Ashik Ali and Zakir Ali were exonerated of the charge of offences punishable under Sections 307 / 34 of IPC, but were convicted for the offence punishable under Section 506 of IPC and also as regards offence punishable under Section 3(1)(x) / 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and were also sentenced appropriately. Aggrieved against said order of conviction and sentence, present criminal appeal was preferred by the convicts.