GURUMUKH SINGH @ KAKE Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Since, the common questions of law and facts are involved in both the appeals, the same are taken up together for adjudication by a common judgment.

(2.) These appeals are instituted against the common judgment and order dated 06.01.2004 passed by learned Additional Session Judge III F.T.C., U.S. Nagar (Rudrapur) in Sessions Trial No.373 of 2002, Crime No. 380 of 2002, State vs. Sonu and Gurumukh Singh, under Section 307 of the I.P.C. and Section 25 of the Arms Act, whereby the accused-appellant Gurumukh Singh was convicted and sentenced to undergo rigorous imprisonment for two years and 6 months under Section 307 IPC and pay fine of rupees one thousand and to undergo simple imprisonment for three months in default of payment of fine and also to undergo rigorous imprisonment for one year under Section 25 of Arms Act. The above sentences were directed to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that the police party on 30.07.2002 went for investigation of Crime Nos.366 of 2002 and 367 of 2002. The police party had gone to the village of the accused for their search, but the accused were not found there. They got specific information that the accused were standing on bridge with the looted motorcycle. The police party chased the accused. The police party overtook the motorcycle of the accused. Thereafter, one of the accused fired at police party. The accused were apprehended at 0530 a.m. The accused disclosed their identity. A motorcycle, without any registration number, was recovered from the possession of co-accused Sonu. One country made pistol of 315 bore, along with empty cartridge and two live cartridges, were recovered from the possession of the accused-appellant Gurumukh Singh by the police party.