PARAMJIT SINGH @ BALWINDER SINGH S/O LAL SINGH AND RANJIT SINGH @ RAJU @ CHARAN SINGH S/O SAMPURNA SINGH @ POORAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the above three appeals have arisen out of the common judgment and order dated 23.04.2003 passed by the learned Additional Sessions Judge/IIIrd F.T.C., Udham Singh Nagar, Rudrapur in S.T. Nos. 258 of 2002, 259 of 2002 and 260 of 2002, therefore, the appeals are being disposed of together by this common judgment. These appeals have been preferred by the accused/appellants against the judgment and order dated 23.04.2003 whereby the appellants have been convicted and sentenced to undergo R.I. for eight years Under Section 394 I.P.C. & a fine of Rs. 5,000/- each and in default of payment of fine the appellants shall further undergo six months R.I. The accused/appellants have also been convicted and sentenced to undergo R.I. for three years Under Section 307 I.P.C. & fine of Rs. 1,000/- each and in default of payment of fine the appellants shall further undergo two months S.I. The accused/appellants were also convicted Under Section 25/27 Arms Act & sentenced to undergo R.I. for a period of one year each. It was further directed that the sentences should run concurrently.

(2.) Brief facts of the prosecution case are that Narendra Singh was an employ of Cooperative Society at Nanakmata on 12/06/2002. He was working in the said society as Clerk/Cashier. On 12/06/2002, he was going to Nainital Cooperative Bank, Vidora to deposit Rs. 2,14,950/- alongwith his colleague Kharak Singh. He was carrying the above money in the briefcase. As soon as they reached near the grove of Dharam Singh, near Vidora village, suddenly two persons appeared and threw mirchi powder on their eyes and snatched away the briefcase from the hand of Narendra Singh. Thereafter, the miscreants fled away from the spot. Kharak Singh and Narendra Singh cried for the help. Thereupon, Kulwant Singh, Balwant Singh, Kuldev Singh, Meher Singh, Kishan Singh, Ramu and others, who were the employees of Samiti came there and chased the accused/appellants. Mahesh Joshi immediately informed the police station Nanakmata about the incident on phone. All of them chased the accused/appellants. Meanwhile, the police party also reached at the spot and they also chased the accused/appellants. The accused/appellants fired upon these persons with intention to kill them. In the meantime, Jairnail Singh tried to catch the accused/appellants. The accused/appellants fired upon Jairnail Singh due to which he sustained the firearm injuries on his person. The accused/appellants also fired upon Darshan Singh who also sustained injuries on his person. Finally, the accused/appellants were apprehended and on interrogation, they disclosed their names as Paramjit Singh and Charan Singh. Both the accused/appellants were found having the country made pistol with them. The recovery of country made pistol; holes of cartridges; and stolen briefcase containing the aforesaid amount was made from the possession of the accused/appellants. Thereafter, the accused/appellants were taken to the police station alongwith the recovered articles. A report to that effect was lodged in the police station at 11:50 a.m. Separate fard memos were prepared for the recovered articles, i.e. briefcase; stolen money; country made pistol; and holes of cartridges. Thereafter, the injured were sent for medical examination. After completing the investigation, the police submitted the charge-sheets against the accused/appellants before the court concerned.

(3.) After submission of charge-sheets the accused-appellants were committed to the court of Sessions for trial and the trial court framed charges Under Section 394/307 I.P.C. and 25/27 Arms Act against the appellants. The accused-appellants denied the charges levelled against them and claimed their trial.