MOBIN S/O ANWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these four appeals are directed against the same judgment and order dated 20.12.2008, passed by learned Sessions Judge, Champawat, in Sessions Trial No. 21 of 2006, Sessions Trial No. 22 of 2006, Sessions Trial No. 23 of 2006, Sessions Trial No. 24 of 2006, Sessions Trial No. 26 of 2006 and Sessions Trial No. 27 of 2006, whereby said court has convicted the accused/ appellants Mobin, Devendra Prasad, Amiul, Prem Kumar and Rajendra Prasad under section 307 IPC, and each one of them has been sentenced to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 50,000/-. In default of payment of fine accused/ convicts are directed to undergo rigorous imprisonment for a period of fifteen months. Accused/appellant Mobin has been further convicted under section 25 Arms Act, and sentenced to rigorous imprisonment for a period of three years. Other four accused/appellants Devendra Prasad, Amiul, Prem Kumar and Rajendra Prasad have been further convicted under section 4/25 of Arms Act, and each one of them has been sentenced to rigorous imprisonment for a period of one year. The sentences are directed to run concurrently.

(2.) Heard learned Amicus Curiae for the appellants and learned Dy. Advocate General for the State, and perused the lower court record.

(3.) Prosecution story in brief is that on 10.10.2006, Station House Officer R.S. Tolia of Kotwali Champawat, on receiving information about the robbery in bus bearing registration no. UA07K-6634 of Pithoragarh Depo which was on its way from Delhi to Jhulaghat, proceeded with other police personnel including Sub Inspector Brij Mohan Upreti (P.W.1) towards Tanakpur and started combing operation in search of the robbers. When police party reached near Sukhidhang they came to know that five miscreants were seen going towards Jhalakudi. The prosecution case is that all the five miscreants were hiding in the Jungle of Jhalakudi. When chased, fires were shot at the policemen in an attempt to kill them. The police party returned fire at the miscreants and after some encounter all the five were apprehended. One of the apprehended accused disclosed his name as Mobin son of Anwar who was found in a possession of country made pistol with one empty cartridge. The second accused disclosed his name as Prem Kumar son of Atma Ram who was found armed with knife of prohibited length. The third accused disclosed his name as Devendra Prasad son of Joga Ram who was found in a possession of a knife with a blade of prohibited length. Similarly fourth accused disclosed his name as Amiul son of Fazal and fifth accused disclosed his name as Rajendra Prasad son of Joga Ram. These two accused were also found in possession of knives with blades of prohibited lengths. Not only this, the aforesaid accused/appellants were found in possession of the looted property of the passengers of the bus. They were also found in possession of the bag of the conductor of bus containing not only cash but also way-bill and ticket book. (It is pertinent to mention here that in respect of the robbery and recovery of goods a separate crime no. 286 of 2006, was registered at Police Station Kotwali Champawat). In respect of the offence punishable under section 307 IPC regarding attempting to kill the policemen by firing shot at them, crime no. 287 of 2006, was registered. In respect of offence punishable under section Arms Act crime no. 288 of 2006, was registered against accused Mobin. Crime no. 289 of 2006 was registered against accused Devendra Prasad, crime no. 290 of 2006 was registered against accused Amiul, crime no. 291 of 2006 was registered against accused Prem Kumar and crime no. 292 of 2006 was registered against accused Rajendra Prasad, in respect of offence punishable under section 4/25 Arms Act. The crime in respect of robbery/dacoity was separately investigated, and the cases relating to 25 Arms Act and one punishable under section 307 IPC, were separately investigated. Charge sheet (Ex. A10) was filed by the Investigating Officer against all the five accused namely Mobin, Devendra Prasad, Amiul, Prem Kumar and Rajendra Prasad for their trial in respect of offence punishable under section 307 IPC. After obtaining necessary sanction from the District Magistrate, separate charge sheets (Ex. A11) against accused Prem Kumar, Ex. A12 against accused Devendra Prasad, Ex. A13 against accused Rajendra Prasad, Ex. A14 against accused Amiul and Ex. A16 against accused Mobin were filed for their trial under the Arms Act.