STATE OF UTTARANCHAL Vs. INDRA NATH

JUDGEMENT

(1.) Accused-respondents Indra Nath, Mausam Nath, Akbar Nath, Daryav Singh, Kalu, Vinod, Nadeem alias Kadeem, Jinder, Office alias Abid, Chand and Zabir were exonerated of the charges framed against them by learned court below. They faced charges in respect of offences punishable under Sections 148, 302/149,324/149,436,363,376(g) IPC. Accused-respondents Indra Nath, Mausam Nath and Akbar Nath also faced the charge for the offence punishable under Section 25 Arms Act. It is against such Judgment and Order dated 30.09.2006 that the State has preferred present Government Appeal.

(2.) The criminal law, in the instant case, was set into motion on the complaint (Ext. Ka-1) of one Bhola Nath. On the basis of such complaint, chik FIR (Ext. Ka-3) was lodged on 16.04.1999 at 3:00 p.m. against Raja, Bagga, Gurjar alias Zahir Husain, Kalu and Jinder in PS Pathri in relation to the offences punishable under Sections 148, 149, 302, 436 and 323 IPC. Investigation of the case was conducted by PW 17 SI O.P.Sirohi and PW 18 SSI Deepak Malik. After completion of the investigation, charge-sheets were submitted against the accusedrespondents, on the basis of which, charges were framed by learned trial court. As many as 18 prosecution witnesses were examined on behalf of the prosecution. After affording the opportunity to explain the incriminating evidence in statements under Section 313 Cr.P.C., learned court below proceeded to hear the arguments of learned prosecutor and learned defence counsel. After evaluating the evidence on record, learned court below did not find favour with the prosecution and acquitted the accusedrespondents of the charges levelled against them. Aggrieved against the said judgment and order, present Government Appeal was preferred by the State.

(3.) Prosecution led the evidence through PW 1 Nazma, who was the daughter of the informant Bhola Nath. PW 1 said, among other things, that the incident took place in the dead of night. She woke up on hearing the sound of fire. Kalu and Bagga (absconders) fired with the country-made pistols upon Neetoo and Charan Nath. Neetoo and Charan Nath died. Some other 20- 22 hooligans were also present there. She did not know the names of those hooligans, but could identify them. The miscreants set ablaze the dwelling places, robbed the belongings of the villagers and abducted PW 1's sister Neeto and another girl Barkha. Tarvesh Kumar and Janeswar sustained injuries. She (PW1) was an illiterate woman. Neeto was raped. Her father lodged the report of this incident. [The fact of commission of rape was not mentioned by the father of victim in the complaint] In her cross-examination, she said that Daryav Singh and Vinod did not commit the incident in her presence.