SULTAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A first information report was lodged by Inspector-in-charge, PS Kotdwar, District - Pauri Garhwal, against five named accused persons, including the appellant for the offences punishable under Sections 147, 148, 149, 307 of IPC and Section 25 of the Arms Act. After the investigation, two separate charge-sheets were submitted against the appellant, one for the offence punishable under Section 307 of IPC and another, under Section 25 of the Arms Act. The case was committed to the court of Sessions. When the trial began and the prosecution opened it s case, two separate charges, one, under Section 307 of IPC and the another, under Section 25 of the Arms Act, were framed against the appellant, to which, he pleaded not guilty and claimed trial. Four witnesses, namely, PW 1 SI J.P. Tomar, PW 2 SI T.S. Rana, PW 3 Kailash Panwar and PW 4 Nayan Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which, he said that he was falsely implicated in the case. No evidence was given in defence.

(2.) After considering the evidence on record, the learned trial court convicted the accused Sultan of the offences punishable under Sections 307, 148 of IPC and Section 25 of the Arms Act and was sentence appropriately. Aggrieved against his conviction and sentence, vide impugned order dated 31.10.2003, present criminal appeal was preferred.

(3.) The allegation and charge against the appellant, in a nutshell, is that on 24.02.2000, at about 11:30 pm, on the bank of river Sukhrav, the accused fired with country-made pistol on police party, with such intention and under circumstances that if he by that act, caused death of any member of police party, he would be guilty of murder. He thereby committed an offence punishable under Section 307 of IPC. He was in the company of other accused persons while doing so. Charge was accordingly amended to Section 148 of IPC and Section 307 read with Section 149 of IPC. A country-made pistol was also recovered from the possession of the appellant. Recovery memo was prepared on the spot, a copy of which was given to the appellant. The incident allegedly took place on 24.02.2000 and the first information report was lodged immediately thereafter, on 25.02.2000, during the night itself.