GALIB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PW 1 Yamin wrote a complaint (Ex.Ka -1) addressed to S.S.P., Haridwar on 17.05.2000 enumerating the facts contained therein that on 05.02.2000, when he was going towards his village and reached near the cowshed of Sewa Ram, accused Galib, Saiyad and Irshad, who were the residents of Mustafabad Mirzapur, met him at 5:45 PM. They were armed with countrymade pistols. Galib, Irshad and Saiyad fired upon PW1, which hit him. PW1 tried to run away, but was caught hold of by the accused persons. PW1 was beaten by the accused persons with the butts of their countrymade pistols. When PW1 raised an alarm, Jaabir, Salim, Hashim and other persons reached at the place of incident. The accused persons fled away and threatened PW1 with dire consequences. Looking at the critical condition of PW1, he was taken to the Government Hospital, Roorkee. PW1 s brother went to police station Jwalapur for lodging the report. The police stated that they will record the statement of the injured first and then only will lodge FIR. None of the police personnel went to the hospital for recording the statement of the injured. When PW1 s condition deteriorated, he was referred to higher centre at Chandigarh on 07.02.2000. PW1 s brother went to police station several times, but no heed was paid to hi request. PW1 continued to remain admitted in higher centre at Chandigarh. PW1 was relieved from Nehru Hospital, Chandigarh on 08.05.2000 but since PW1 did not feel well, therefore, he could lodge FIR only on 17.05.2000. Thus, the criminal law was set into motion only on 17.05.2000 by PW1.

(2.) AFTER the investigation, a charge -sheet (Ex.Ka -6) was submitted against the accused persons for the offences punishable under Sections 147, 148, 149, 307 IPC. The case was committed to the court of Sessions. When the trial began and prosecution opened it s case, charge was framed against the accused persons for the offences punishable under Sections 147, 148, 307 IPC read with Section 149 IPC. Accused persons pleaded not guilty to the charge and claimed trial.

(3.) PW 1 Yamin, PW2 Kasim, PW3 Dr. Ajay Agarwal, PW4 S.I. Inder Singh and PW5 SO, J.P. Juyal were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence.