LAL MOHAMMAD Vs. STATE OF UTTARANCHAL (NOW UTTARAKHAND)

JUDGEMENT

(1.) APPELLANT Lal Mohammad is before the Court challenging the judgment and order dated 03.02.2003, rendered by learned Additional Sessions Judge, U.S. Nagar (Rudrapur) in Sessions Trial No.110 of 1998, whereby he was found guilty for the offence of section 307 IPC and was sentenced to undergo five years' rigorous imprisonment.

(2.) AS the prosecution story goes, District Opium Officer, sitting in his office at Bareilly, got information that the appellant and his three other companions were indulged in illegal business of selling Charas, and on 9.6.1998, the date of incident, they were intended to sell 100 kilograms of contraband article to someone at Shakti Farm, within the territorial jurisdiction of police station Kichha. This place is almost 80 kilometers away from the office of PW1 and PW2. PW1 is the District Opium Officer whereas PW2 is a Sub -Inspector posted in that office. So, PW1 and PW2, taking informant and other officials with them, set out in their official vehicle and reached Shakti Farm at 6:30 PM of the day. No sooner they reached at the intersection of Shakti Farm, informant indicated the presence of all the four accused having Charas in their possession.

(3.) PW 1 and PW2 along with their other companions, asked the appellant and his three companions to stop on the spot.