AMIT RAJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of both these above titled appeals, judgment and order dated 12/16.4.2013 rendered by the Sessions Judge, Nainital has been assailed, whereby the appellants Amit Raj and Antu @ Aktu @ Amit were found guilty for the offence of Section 302/34 and 307/34 IPC in Crime No. 8077/2005. In addition to, the accused appellant Amit Raj has also been found guilty for the offence under Section 25 Arms Act in Crime No. 8184/2005. The offences pertain to Police Station Haldwani, District Nainital. Accused/convicts have appropriately been sentenced.

(2.) IT may be mentioned here that initially the chargesheet was submitted for trial against four accused persons, namely, Amit Raj (A1), Naveen (A2), Ajay (A3) and Antu @ Aktu (A4). Since A2 and A3 raised the plea of juvenility with substance, therefore, their trial was referred to the Juvenile Justice Board, where they, too, were found guilty for the offence of Section 302/34 and 307/34 IPC and have been dealt with appropriately as per the Juvenile Justice Act.

(3.) THIS is a brutal incident in which a young boy of 22 years, having been shot by opening fire which hit his abdomen and as a result, he lost his life within hours of such occurrence as he breathed his last in the hospital. The incident occurred around 9 PM on 12.10.2005 at one trisection on Tanakpur Road, Haldwani. Just before such incident, PW1 Ashok Kumar along with his companion Vishal (PW3) and Raj @ Gabbar (deceased) were talking near an electric pole on Tanakpur Road. They were intervened by A1 and A2. Both these accused persons motivated the deceased Raj @ Gabbar to settle the score of some earlier quarrel between them and for that, they carried him to the trisection. PW1 and PW3 chased them. At that time, Manoj (the real brother of the deceased) and Vishal (cousin of the deceased) also arrived on the spot. It was seen by all these witnesses that A3 and A4 were also waiting on that trisection having swords in their hands. At that very juncture, A1 whipped out a country made pistol from his waist and opened fire on Gabbar. Several pellets pierced his abdominal portion and entered in his stomach. Meanwhile, A2 also whipped out another country made pistol from his waist and opened fire on PW1 and PW3. The pellets pierced them, but not on the vital parts. Consequently, their lives could be saved. However, having hit by the pellets, they also fell down.