STATE OF UTTARAKHAND Vs. SADAN PAL

JUDGEMENT

(1.) These two Government Appeals have been filed against a common judgment dtd. 8/8/2007, passed by learned IInd Additional Sessions Judge, Haridwar in Sessions Trial No.334 of 2004, 'State vs. Sadan Pal' and in Sessions Trial No.261 of 2005, 'State vs. Bijendra', by which, the respondents ' accused persons have been acquitted of the charge under Sec. 307 of the Indian Penal Code, 1860 (for short, 'IPC'). Government Appeal No.522 of 2007 will be leading file.

(2.) In brief, the prosecution's case is that one Liaquat was abducted. Therefore, a Case Crime No. 03 of 2004 under Sec. 364 of the Indian Penal Code, 1860 was registered. On 10/1/2004, Station Officer, Chandan Singh Chauhan (PW3) and Constable Ram Kumar (PW6) along with other police personnel were on patrolling duty for the purpose of maintaining law and order and were searching for the wanted criminals. When they reached Dhanpura, Chandan Singh Chauhan received an information from Chandra Mohan Singh Negi, Station Officer, Police Station, Khanpur that accused persons of Case Crime No.03 of 2004, registered under Sec. 364 IPC, are fled away and they were searching them. Chandra Mohan Singh Negi further informed him that Liaquat has escaped from the clutches of the miscreants and is now with them. After receiving the said information, Chandan Singh Chauhan (PW3) along with other police personnel reached the bus stand, Dhanpura. Sub-Inspector Ranjeet Singh (PW4) along with other police personnel met at bridge. They saw that accused persons on a motorcycle (Hero Honda) were coming from the front. Seeing the police personnel, they ran away towards forest. At that time public witness Dilshad (PW1) and Mohd. Ismail (PW2) were present there. Meanwhile, Station Officer, Laksar Preetpal Singh Rautela (PW7) reached there with other police personnel. Accused persons, who were sitting on a motorcycle, opened fire on the police party. Accused ' Sadan Pal was apprehended by the police party. Accused Bijendra ran away from the spot. Accused ' Sadan Pal was arrested. At that time, Liaquat was present and he identified the accused persons and told that he was abducted by them on 3/1/2004. Accused'Sadan Pal told that the name of the person who ran away is Bijendra. The said motorcycle Hero Honda was taken into possession vide Recovery Memo (Ext. Ka1). The First Information Report (Ext. Ka3) was lodged by Sub-Inspector Chandan Singh Chauhan (PW3) on 10/1/2004 at 19:00 hrs. Charge-sheet (Ext. Ka2) was filed after completion of investigation.

(3.) Charge under Sec. 307 IPC was framed. Respondents ' accused persons pleaded not guilty and claimed to be tried.