DHARMENDRA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Present four connected appeals arise from the judgments and orders dtd. 24/2/2021 passed by the learned Additional Sessions Judge, Khatima, District Udham Singh Nagar in Sessions Trial Nos. 01, 02, 03 and 04 of 2015 in Criminal Appeal No.75 of 2021, Criminal Appeal No.86 of 2021, Criminal Appeal No.74 of 2021 and Criminal Appeal No.73 of 2021 respectively, originating from a common chain of First Information Reports, being FIR Nos. 170, 170, 173 and 174 of 2014 in Criminal Appeal No.75 of 2021, Criminal Appeal No.86 of 2021, Criminal Appeal No.74 of 2021 and Criminal Appeal No.73 of 2021 respectively, all registered at Police Station Khatima, District Udham Singh Nagar. The Sessions Trials stemmed from the same transaction and investigation, relating to an alleged incident of dacoity reported on 13/9/2014 near the Khatima -Sitarganj road.

(2.) The case of the prosecution, in brief, is that on the evening of 13/9/2014, one Ramesh Kumar, while returning home, was allegedly waylaid by four to five unknown persons, who assaulted him and forcibly took away cash, a mobile phone, and certain other personal belongings. Based on his complaint, F.I.R. No. 170 of 2014 was registered at the concerned police station under Ss. 395 and 397 of the Indian Penal Code. During the course of investigation, the police claimed to have arrested certain suspects and effected recoveries of stolen articles and weapons in connection with the present and other connected occurrences reported on the same night.

(3.) Following the investigation, charge-sheets were submitted against four accused persons, namely Dharmendra Kumar @ Sameer Malik, Manmat Rai, Sanjeev Majumdar, and Pradeep Kumar @ Kalia, for offences under Ss. 395 and 397 IPC. A separate charge-sheet was filed against appellant Sanjeev Majumdar under Sec. 4/25 of the Arms Act. The cases were tried separately as Sessions Trial Nos. 01, 02, and 04 of 2015 before the learned Additional Sessions Judge, Khatima.