NAZIM AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) An FIR was lodged by informant Satish against the accused persons namely, Salman, Nazim and Ziaul-Hasan on 14.02.2001, in police station, Kotwali Dehradun, which was registered as case crime no. 76 of 2001, for the offences punishable under Sections 307, 504 of IPC. After the investigation, a charge-sheet was submitted against the accused persons for the selfsame offences. The case was committed to the Court of Sessions. When the trial began and prosecution opened it s case, charge for the offence punishable under Section 307 read with Section 34 of IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial.

(2.) Pw1 Mange Ram, PW2 Ashok, PW3 Satish, PW4 A.S.I. Ranvir Singh, PW5 Dr. G.P. Singh, PW6 Surendra Kumar and PW7 S.I. Rajveer Singh Pundir were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. DW1 Noor Mohd. was examined in defence. After considering the evidence on record, learned II Addl. Sessions Judge / I F.T.C., Dehradun convicted the accused persons for the offence punishable under Section 307 read with Section 34 of IPC. Each one of them was directed to undergo rigorous imprisonment for 7 years alongwith a fine of Rs. 5,000/- each, vide judgment and order dated 20.05.2003. Aggrieved against said judgment and order, present criminal appeal was preferred.

(3.) The incident took place on 13.02.2001, at 10:30 P.M. and the FIR was lodged on the very next day i.e. 14.02.2001, at 10:00 A.M. The distance between the place of incident and the police station concerned was three kilometers and the incident occurred at night. It is therefore, held that no delay was caused in lodging the FIR. FIR was promptly lodged.