RIYAZUL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) AS both the above -titled appeals have arisen out of a common judgment and order dated 01.12.2005 rendered by learned Additional Sessions Judge, Roorkee, District Haridwar, in S.Ts. No.328/2004 and No.89/2004, the same are being disposed of by this common verdict.

(2.) MR . Chandra Mohan Singh Negi, Sub -Inspector, along with two police constables, was on patrolling duty on 5.8.2003 at 20:15 PM, somewhere in the outskirts of urban area of Roorkee. At that time, they noticed the appellants and one other in a group, who were identified by Sub Inspector Mr. Negi. Police persons asked them to surrender but they turned deaf dear, instead one of the accused allegedly opened fires upon Mr. Negi which hit him on his chest and shoulders, making him seriously injured. However, Mr. Negi never lost his conscious and was taken to the medical care, firstly to the private hospital and then to the government hospital at Roorkee.

(3.) THE first information report was lodged on the same day at 23:00 PM by constable Mohd. Haneef at Police Station Manglore, who was along with the injured Mr. Negi. Investigation culminated into submission of chargesheet against four accused persons, namely, Riyazul, Shiv Ram, Suresh and Kala. The trial resulted into finding all the four accused person guilty for the offences u/s 307/34 IPC and 307 IPC, wherefor they have appropriately been sentenced. Out of these four, Riyajul and Kala have preferred CRLA No.212 of 2005 whereas Suresh has preferred CRLA No.213 of 2005. However, fourth convict Suresh Lal has not filed any appeal.