RAJIV KUMAR @ RAJU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PW 1 Matwar Singh wrote a complaint (Ex.Ka -1) to S.O., Police Station Kankhal, District Haridwar on 18.04.1991 at 10:40 PM, which was registered as case crime No. 44/1991 against two unknown persons for the offence punishable under Section 302 IPC.

(2.) INVESTIGATION began on the basis of said first Information report. After investigation of the case, a charge -sheet was submitted against the accused persons, namely, Neeraj Sharma, Rajiv Kumar @ Raju, Pravesh Kumar and Dr. Sukhpal Singh for the offences punishable under Sections 302 & 120 -B IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges against the accused persons, namely, Neeraj Sharma, Rajiv Kumar @ Raju, Pravesh Kumar and Dr. Sukhpal Singh were framed for the offences punishable under Sections 302 read with 34 IPC & 120 -B IPC, to which they pleaded not guilty and claimed trial. A separate charge -sheet was also submitted against Rajiv Kumar @ Raju for the offence punishable under Section 25 Arms Act. This connected case was also committed to the court of Sessions. Sessions Trial Nos. 246/1995 and 250/1995 were clubbed together. Charge against Rajiv Kumar @ Raju was framed for the offence punishable under Section 25 Arms Act, to which he pleaded not guilty and claimed trial.

(3.) AFTER conclusion of the trial, learned Additional Sessions Judge/4th F.T.C., District Haridwar, vide judgment and order dated 17.12.2002, exonerated the accused persons of the charges under the Indian Penal Code. Accused -appellant Rajiv Kumar @ Raju was, however, found guilty and was convicted of the offence punishable under Section 25 Arms Act. He was directed to undergo rigorous imprisonment for 3 years. Aggrieved against the same, the present criminal appeal was preferred by the appellant.