RAM PRAKASH MURAV Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Pw4 S.S.I. Haidar Raza Zaidi, Station Officer, police station, Lalkuan, District Nainital lodged an FIR on 08.11.1998, at 12:30 P.M., in police station Lalkuan against accused persons, namely, Ram Prakash Murav, Manohar Murav, Ved Ram Murav and four other unidentified persons, in respect of offences punishable under Sections 147, 148, 149, 307 of IPC and under Section 25 of the Arms Act. Separate crime numbers viz. case crime no. 796 of 1998 and case crime no. 797 of 1998 were registered. After the investigation, two separate charge-sheets were submitted against the accused-appellant, one under Sections 147, 148, 149, 2 307 of IPC, and the other under Section 25 of Arms Act. Both the cases were committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges for the offences punishable under Sections 147, 148, 307 of IPC read with Section 149 of IPC and the other under Section 25 of Arms Act were framed against the accused, to which he pleaded not guilty and claimed trial.

(2.) Pw1 Ramakant Tiwari, PW2 Dr. Ajay Mohan, PW3 Constable Ramesh Singh, PW4 S.S.I. Haidar Raza Zaidi and PW5 S.I. Narendra Dev were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. No evidence was adduced in defence. After considering the evidence on record, learned Addl. Sessions Judge / I F.T.C., Haldwani, District Nainital, vide judgment and order dated 15.12.2001, convicted accused-applicant for the offence punishable under Section 307 of IPC and sentenced him to undergo rigorous imprisonment for three years and six months. Accused-appellant was also convicted for the offence punishable under Section 25 of Arms Act and was sentenced to undergo rigorous imprisonment for one year and six months. Both the sentences were directed to run concurrently. Aggrieved against the impugned order dated 15.12.2001, present criminal 3 appeals were preferred, which are being decided by this common judgment and order for the sake of brevity.

(3.) Prosecution led the evidence through PW1 Ramakant Tiwari, Range Officer, Forest Civil Division. PW1 said, in his examination-in-chief, that on 07.11.1998, he alongwith S.O. Lalkuan and other police personnel were going to a forest via Braud khatta. An informer met them. The informer had conversation with the police personnel. Police party told the informer to accompany them. They went to the house of one Ahmad Gujjar. The police jeep was left there. Thereafter, they went on foot to the house of Kundan Singh. The police party divided themselves into two sections. PW1's party reached near the jhala of Kundan Singh. Somebody shouted, 'police has come, kill them'. It was 2:00-2:30 A.M. (dead of night). The miscreants fired upon the police party. One pellet hit the foot of PW1. PW1 and other police personnel fired in retaliation. They chased the miscreants. Police jeep was called. PW1 was sent to hospital at Haldwani. One miscreant was arrested, but PW1 did not see him. PW1 identified one of the accused when the identification parade was conducted in Sub Jail, Haldwani. PW1 said that he saw the accused in the light of fire. He did not see the miscreant in between the date of incident and the date of identification parade. PW1 was medically examined in Soban Singh Jeena Hospital.