NAYEEM ALIAS CHHIDDA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973, (hereinafter, for brevity referred as Cr.P.C.), is directed against the judgment and order dated 24.04.1987, passed in Sessions Trial No. 117 of 1986, by learned Additional Sessions Judge, Nainital, whereby appellants are convicted under Section 307 read with Section 34 of Indian Penal Code, 1860, (hereinafter, for brevity referred as I.P.C.) and each one of them is sentenced to undergo rigorous imprisonment of seven years and to pay fine of Rs. 5000/-, in default of payment of which, the defaulter is directed to undergo simple imprisonment for a period of six months.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Prosecution story, in brief, is that on 19.12.1985, PW 1 Head constable Ram Datt Joshi along with PW 2 Head constable Mahendra Singh, PW 3 Head constable Chandan Singh and three constables were on patrol duty within the limits of out post of Banbhoolpura, Haldwani. At about 5.30 p.m., when they were to reach line No. 17 in Banbhoolpura, PW 2 Head constable Mahendra Singh complained of his upset stomach and went back to the out post to ease himself out. He was told to meet the patrol party on his return near Lal school. Thereafter at about 6.30 p.m., the police party heard noise from the side of line Nos. 15 and 16. On this they proceeded to that side and saw that some six persons beating Head constable Mahendra Singh. They flashed torches at the miscreants who thereafter fled toward Naibasti. The four of the six miscreants were recognized by the police men on patrol duty. The four are the appellants, namely, Sajid. llias, Nayeem and Isharat. The police party took their injured colleague Head constable Mahendra Singh to Civil Hospital, Haldwani and lodged first information report (Ext.A3) at 19.40 hours. On medical examination of Head constable Mahendra Singh, PW 4 Dr. J.S. Pangti recorded on 19.12.1985 at 7.10 p.m. following injuries on person of the injured: