TEK CHAND S/O HIRA LAL R/O VILLAGE-DUPAHRIYA; PREM PAL S/O BENI RAM Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order 20 th March, 2001, passed by Additional Sessions Judge, Haldwani, District- Nainital in Sessions Trial No. 239 of 1997, Sessions Trial No. 240 of 1997 and Sessions Trial No. 241 of 1997, whereby said Court has convicted the accused Tek Chand, under Section 506 part II of I.P.C. and sentenced him to rigorous imprisonment for a period of one year. He has been further convicted under Section 379 I.P.C. and directed to undergo rigorous imprisonment for a period of three years. The accused Tek Chand has been further convicted under Section 26 Forest Act, and directed to undergo rigorous imprisonment for a period of six months. He has also been convicted under Section 25 Arms Act and directed to undergo rigorous imprisonment for a period of three years. Accused/appellant Prem Lal has been convicted under Section 379 and sentenced to imprisonment for a period of three years. He is further convicted under Section 26 of Forest Act and sentenced to undergo rigorous imprisonment for a period of six months. Accused/appellant Prem Pal has been further convicted under Section 25 read with Section 4 of the Arms Act and directed to undergo rigorous imprisonment for a period of one year.

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

(3.) Prosecution story in brief is that on 7.11.1996 at about 10.45 p.m. in the jungle near village Gangapur, Paatiya within the limits of police Station Lalkuwa PW1 Sub Inspector K.P. Singh along with other police personnel was on patrol duty. When he reached near cremation ground, PW2 Roop Naraian Gautam met him and they started combing the jungle to detect the Poachers. After going ahead they heard sound of cutting the trees with an axe. They went further and arrested accused/appellant Tek Chand who was armed with a countrymade pistol and accused/appellant Prem Pal who was armed with a knife. They also recovered four logs of KHAIR wood. Prosecution case is that before the accused could be arrested they fired shots. It did not hit the police personnel or forest officials. The policemen prepared the recovery memo (Ex. A1) at the spot and got lodged first information report (Ex. A2) on 08.11.1961 at about 1.00a.m. at police station Lalkuwa against accused Tek Chand, Prem Pal and Tara (regarding whom it is alleged that he succeeded in fleeing) regarding offence punishable under Section 376, 379, 411 and 26 Forest Act. Separate Crime No.475 of 1996 and crime no. 476 of 1996 were registered against the two accused under Section 25 Arms Act.