STATE OF UTTARAKHAND Vs. RAM SUKH

JUDGEMENT

(1.) This appeal is preferred by the State under Sec. 378 (3) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), as directed against the judgment and order dtd. 15/7/2008, passed by learned Additional Sessions Judge/Ist F.T.C., Haridwar in Sessions Trial Nos. 325 of 2007 and 326 of 2007, whereby the said court, at the end of the trial, has acquitted the respondent-accused for the offence punishable under Ss. 308 IPC and 25/4 of the Arms Act, 1959.

(2.) In order to resolve the controversy the facts in a nutshell, as narrated in the FIR are that PW1-Navneet Roshan, who is the informant lodged an FIR with Police Station Kankhal, District Haridwar with the averments that he is posted as a Driver in Nagar Palika, Haridwar. On 16/6/2007 at about 09:45 A.M., taking the vehicle (Minidor), he along with other employees were engaged in doing the sweeping work near the electric house and the sweepers, PW3-Bobi along with PW2-Net Ram were lifting garbage, meanwhile, the accused-respondent came and caught hold of PW3-Bobi. When PW3-Bobi tried to save himself, the accused gave a blow of knife on his head, due to which he sustained serious injuries and he was taken to Ramakrishna Mission Sevashrama Hospital.

(3.) On the basis of this report, an FIR was registered and an entry was made in the G.D. The investigation was entrusted to PW8-S.I. Y.K. Sharma, who recorded the statement of witnesses, prepared the site plan (Ex.Ka-7) and on completion of investigation submitted a charge-sheet (Ex.Ka-8) in the court. During investigation, a knife was recovered from possession of the accused, on the basis of which a case under Sec. 25/4 of the Arms Act, 1959 was registered. The investigation whereof was done by PW10-S.I. J.S. Negi, who during investigation also recorded the statement of the witnesses and submitted the charge-sheet (Ex.Ka-14), in the court on completion of investigation. After committal, both 325 of 2007 and 326 of 2007 consolidated and decided together by the impugned judgment and order.