BAHADUR NATH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH these appeals, preferred by the Appellants Under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code of Criminal Procedure), are directed against the common judgment and order dated 29.08.2002 passed by the Additional Sessions Judge/FTC, Kashipur, Udham Singh Nagar in Sessions Trial No. 350A/2001, State v. Surendra Singh and Sessions Trial No. 350/2001, State v. Bahadur Nath and Ors. whereby the learned Additional Sessions Judge/FTC has convicted all the Appellants -accused, viz., Surendra Singh, Bahadur Nath, Zafar Ali and Layik Ahmed @ Don under Section 379 and 411 of Indian Penal Code, 1860 (for short, I.PC.) and sentenced each of them to undergo one year's R.I. under Section 379 I.P.C. and two years' R.I. under Section 411 I.P.C. All the Appellants -accused were acquitted of the charges framed against them under Section 307 I.P.C. and Section 26 of the Indian Forest Act. Since both these appeals arise out of the common impugned judgment and order dated 29 -8 -2002 involving common and interrelated facts, hence they are being decided by this common judgment.

(2.) IN brief, the prosecution case is that on 23 -5 -2001 at around 4.20 AM, Station Officer Rakesh Chandra Thapliyal along with S.I. Rajveer Singh, S.I. Harish Chandra Joshi, Constable Vijay Singh, Constable Nardev Vashistha, Constable Ram Singh and Constable Rajendra Pal Singh in order to trace some wanted criminals started from RS. Bazpur in Govt. Jeep No. UP04B 8614 which was being driven by Nand Kishor Sati. Meanwhile, the said police party while on their way to Barhaini, mukhbir informed the Station Officer that Huge quantity of stolen khairwood is being smuggled by a truck No. URN 9559 from Haldwani to Kanpurvia Bazpur. On this information, police party tried to find out some public witnesses through S.I. Rajveer Singh but no public witness could be available being the wee hours. Thereafter police party waited for the said truck at some distance from Barhaini. Then at around 5.04 AM, the aforesaid truck came in full speed from Haldwani side. The police party signaled the truck to stop but it did not stop and went towards Bazpur in full speed. Police party chased the truck but the driver of the truck did not give the pass and tried to hit the jeep from the rear side of the truck. Then the police party tried to overtake the truck by wrong side, then again the said truck tried to ram into the jeep. Suddenly driver of the truck lost his control over the tuck and the said truck fell down on the right side of road near the house of Prem Pal. Appellant -accused Layik @ Don ran away from the spot. Appellant -accused Surendra Singh received several injuries, who was sent for medical treatment in police custody to Govt. Hospital, Bazpur. Appellants -accused Bahadur Nath and driver Zafar AN did not receive any injury and they were arrested on the spot. There were 315 gilts of khairwood, measurement of which was done by beet watcher Jai Kumar. Neither the documents pertaining to the wood nor the papers of truck were produced before the police party.

(3.) LEARNED Judicial Magistrate/Civil Judge (Jr. Div.), Kashipur after giving the necessary copies of the documents to the Appellants -accused as prescribed under Section 207 Code of Criminal Procedure, committed the case to the Court of Sessions on 29 -9 -2001. Thereafter the case was transferred to Additional Sessions Judge/FTC, Kashipur on 5 -10 -2001 for its disposal according to law.