GULAM MUSTAFA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) AS the above -titled appeals have arisen out of a common judgment of conviction rendered by learned Additional Sessions Judge, Almora on dated 24.2.2003, so are being adjudicated together by this single verdict. Both the appellants along with third accused Hukam Singh (since died), who was none other but their colleague, were tried in Sessions Trial No. 80 of 1998, which pertains to police station Bageshwar (as it then was, now independent District Headquarter), for the offences of section 307 and 452 IPC. Co -accused Hukam Singh died during the course of trial, so the proceedings were abated only against him while the rest of the accused persons, who are appellants before this Court, were found guilty by the Trial Judge for the offences as indicated above. They have appropriately been sentenced.

(2.) THE genesis of prosecution is that both the appellants were employed as firemen at the Fire Station Headquarter, Bageshwar. Their controlling officer was PW1, Munnu Lal, Station Officer, who resided at a distance of almost 300 yards in a rented accommodation of his landlord PW2 Ratan Singh.

(3.) PW 2 Ratan Singh then informed to the local police station wherefrom the S.H.O. Shailendra Bhardwaj rushed to the spot. He shifted the injured Munnu Lal to Community Health Center (Government Hospital) Bageshwar, where he was primarily examined in the same intervening night at 2:45 AM by the Emergency Medical Officer. The doctor found as many as 18 injuries on the body of victim, including two fractures, one was in the right and left ulna shaft and another was in the right 5th Metacarpal. Besides, several injuries were kept under observation and for the correct assessment, their X -ray was advised. The doctor opined that injury Nos. 11, 17 and 18 were grievous in nature. However, for further better treatment, the victim was shifted to the Base Hospital, Almora, District Headquarter. Since his condition was still critical, so the doctor referred him to the next higher center on 09.10.1998. The brother, son and other relatives of victim carried him to the Medical College, Allahabad where he remained admitted for five months, as has been deposed by PW1. After being physically fit, he returned to his duties.