VED PAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THESE three appeals, are directed against the judgment and order dated 20.3.1998, passed by learned Additional Sessions Judge, Roorkee, in Sessions Trial No. 45 of 1996 and Sessions Trial No. 44 of 1996. By the impugned judgment and order, the trial court has convicted Appellants Pritam Singh, Pawan Singh, Charan Singh, Ved Pal Singh, Manga alias Mangey Ram and Naresh under Sections 148, 302 read with Section 149 and under Section 307 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and each of the convicts has been sentenced to undergo rigorous imprisonment for a period of three years (under Section 148 of I.P.C.) ; rigorous imprisonment for a period of ten years and to pay fine of Rs. 5,000, in default of payment of which six months rigorous imprisonment (under Section 307 read with Section 149 of I.P.C.) and imprisonment for life and to pay fine of Rs. 10,000, in default of payment of which rigorous imprisonment for a period of one year (under Section 302 read with Section 149 of I.P.C.).

(2.) HEARD learned Counsel for the parties and perused the entire evidence on record.

(3.) THE Magistrate, on receipt of the charge -sheet, after giving necessary copies to the accused, as required under Section 207 of the Cr. P.C., committed the case to the Court of Sessions for trial. Learned trial court, after hearing the parties, framed charge against all the six accused namely Pritam Singh, Pawan Singh, Charan Singh, Ved Pal Singh, Manga alias Mangey Ram and Naresh, on 18.12.1996, relating to offences punishable under Section 148 of I.P.C. ; under Section 302 read with Section 149 of I.P.C. and one punishable under Section 307 read with Section 149 of I.P.C. All the accused (present Appellants) pleaded not guilty and claimed to be tried. (As against accused Naresh charge of offence punishable under Section 25 of Arms Act was separately framed in respect of connected Sessions Trial No. 44 of 1996, which was also denied by said accused). On this, prosecution got examined P.W. 1, Dr. Ajay Aggarwal (who examined the injuries on the person of injured namely Biram Singh and Satish Kumar) ; P.W. 2, Seth Pal (eye -witness) ; P.W. 3, Jai Singh (eye -witness) ; P.W. 4 Biram Singh (injured/eye -witness) ; P.W. 5, Satish Kumar (injured/eye -witness) ; P.W. 6, Karan Singh (eye -witness and complainant) ; P.W. 7, Constable Jaipal Singh (who prepared the check report (Ext. A4) of the F.I.R. lodged at the police station Jhabreda and made necessary entry in the general diary, copy of extract of which is Ext. A6) ; P.W. 8, Dr. B. K. Gairola (who conducted the autopsy on the dead body of deceased Isham Singh and prepared the report Ext. A10) ; P.W. 9, A. S. Khan (Investigating Officer) ; P.W. 10, Sub -Inspector Santosh Kumar (who investigated the crime relating to 25 Arms Act against accused Naresh) ; P.W. 11, Constable Rambir Sharma (who took the dead body of the deceased in a sealed condition after the inquest report was prepared for the post mortem examination) ; P.W. 12, Head Constable Dheeraj Pal Singh (witness who made entries in the general diary relating to information received from Saharanpur about the arrest of accused Pritam Singh) ; P.W. 13, Jasbeer (witness of recovery of pistol from accused Naresh) and P.W. 14, Sub -Inspector Dalbir Singh (who obtained the sanction (Ext. A24) from the District Magistrate to prosecute Naresh under Section 25 of the Arms Act. The entire oral and documentary evidence were put to the accused under Section 313 of Cr. P.C., by the trial court, which they alleged to be false. However, no evidence in defence was adduced on behalf of the accused. The trial court, after hearing the parties, found that though the recovery of pistol from accused Naresh was not proved and it is not proved that the recovered pistol was used in the crime, but as far as charge of offences punishable under Section 148 of I.P.C., under Section 302 read with Section 149 of I.P.C. and one under Section 307 read with Section 149 of I.P.C., are concerned, the same are found proved against all the six accused namely Pritam Singh, Pawan Singh, Charan Singh, Ved Pal Singh, Manga alias Mangey Ram and Naresh. They were accordingly convicted vide judgment and order dated 20th March, 1996, passed in Sessions Trial No. 45 of 1996, and after hearing on quantum of sentence, the trial court sentenced each one of the accused to undergo rigorous imprisonment for a period of three years under Section 148 of I.P.C. ; imprisonment for life and also to pay fine of Rs. 10,000 under Section 302 read with Section 149 of I.P.C. and rigorous imprisonment for a period of ten years and to pay fine of Rs. 5,000 under Section 307 read with Section 149 of I.P.C. In default of payment of fine in respect of offence punishable under Section 302 of I.P.C., the defaulter was directed to undergo rigorous imprisonment for further period of one year and on default of payment of fine in respect of offence punishable under Section 307 of I.P.C., the defaulter was directed to undergo rigorous imprisonment for a further period of six months. Aggrieved by said judgment and order dated 20th March, 1996, passed by the trial court (Additional Sessions Judge, Roorkee), in Sessions Trial No. 45 of 1996, these appeals were preferred by the convicts before the Allahabad High Court, from where the same have been received by transfer to this Court under Section 35 of the U.P. Re -organization Act, 2000, for their disposal.