MANGTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Mangta was tried for a number of offences viz. 147, 148, 149, 504, 506, 353, 379 and 307 IPC as well as for Section 25 Arms Act. The trial culminated into his conviction only for the offences of Section 147 and 353 r/w Section 149 IPC, wherefor he has appropriately been sentenced. For the remaining offences, appellant was acquitted by the court below. The trial pertains to Police Station Ranipur, Distt. Haridwar.

(2.) THE incident occurred in the intervening night of 15/16.2.1999 at about 2 A.M. when the Forest Guards Ramesh Singh, Trilok Singh Rawat and Pawan Kumar were patrolling the forest area. They noticed seven unknown persons who had cut the Tree No.108 -F and were carrying its wood committing theft. On being accosted by Ramesh Singh and his associates as to the commission of theft, all the accused persons surrounded the forest officials and hurled abuses. The assailants also intimidated them by showing lethal weapons and warned them to go away otherwise they would be killed by opening the fire. Feeling scared, all the Forest Guards, afore -named, returned to Police Outpost Buggawala and took certain police officials, namely, Head Constable Jaipal with Constables Avdhesh Kumar and Dhani Ram, with them.

(3.) SINCE the appellant Mangta had been injured by firearm injuries, he was apprehended by the police at the spot whereas rest of his companions were successful in taking to their heels. Appellant was then taken to the Government Hospital, Roorkee where he was examined at 7:30 AM on 16.2.1999. The following firearm injuries were found on his body: -