TARIQ Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A 1 Tariq, A2 Smt. Rana, A3 Arif, A4 Babu Lal and A5 Chhedi Lal were tried for the offences of section 307/34 IPC by learned Additional Sessions Judge, Haldwani in Sessions Trial No.107 of 2001 and all were found guilty for the said offences. They were appropriately sentenced too. However, the instant appeal has been preferred only by A1, A2 and A3.

(2.) THE allegations are that all the five accused persons were bringing stolen Khairwood from the forest range Haldwani near the village Heda -Gujjar. The forest officials PW1 and PW2, while sitting in their office, got information about the same through some Messenger at about 10:05 PM of 17.5.2001. So, PW1 and PW2 went to police station Haldwani and requested for assistance. On their request, PW3 Sub Inspector A.K. Nain and PW4 Head Constable Shekhranand Tiwari were sent along with a government vehicle. They all reached at the spot. On seeing them, accused persons, who were bringing the logs of Khairwood in three rickshaws, left their carrier on the road, and took to their heels towards north -east in the jungle. Forest officials along with police personnel got down from the jeep in order to chase them. So, the fire was opened by A1 on the exhortation of remaining accused persons, although, the same could not hit any of the prosecution witnesses. Before A1 could load his country -made pistol second time, all were apprehended at the spot. Before being nabbed, A2 (mother of A1, a lady of around 60 years of age) was found in possession of half kilogram of Kattha (a product of Khairwood) in a bag. A1 was arrested along with country -made pistol which was used in firing. That apart, a horn of deer was also recovered in one of the pulling rickshaw (carrier).

(3.) LEARNED counsel has shown the judgment and order dated 05.05.2010 passed by the court of Chief Judicial Magistrate, Nainital in criminal case no.2538 of 2003, whereby A1 was acquitted for the offence of section 25 Arms because that country -made pistol was not found in working condition. It has further been argued that it is somewhat unacceptable to see the office of forest officials open even after 10 PM of any working day. So, it is difficult to accept that PW1 and PW2 got the information while sitting in their office.