STATE OF UTTARAKHAND Vs. SORAN SINGH

JUDGEMENT

(1.) The present appeal has been filed by the State Government against the judgment and order dated 11.05.2005 passed by the Additional Sessions Judge-II/ F.T.C. Haridwar in Session Trial Nos. 202, 203, 204 and 205 of 2000, whereby the accused were not found guilty and accordingly acquitted under Section 307 IPC and under Sections 25 and 4/25 of the Arms Act.

(2.) Brief facts of the present case, inter alia, are that on 15.08.1998, S.I. Ravindra Kumar Chamoli, A.S.I. R.K. Sharma, Constable Ram Niranjan, and Constable Ved Prakash were on patrolling duty; when they reached near Bheemgauda, they received information through informer that some person were sitting in shed of trees. On this information the police party along with informer went there; when the police party reached at the spot, suddenly the accused Soran Singh shouted on seeing police party that the police has come and shot them; all of sudden one accused fired gunshot upon the police party, but the police parity escaped from there. Thereafter, the police party apprehended the accused at about 2.35 AM at Laljiiwala forest area; on searching one country-madepistol and three live cartridges of 313 bore were recovered from the possession of the accused Soran Singh, while separate two knives were recovered from the possession of the accused, namely, Kayum and Ombeer, respectively. On the basis of it recovery memo Ex. Ka-1 was prepared at the spot and on the basis of the said recovery chick FIR Ex. Ka-8 was lodged at Police Station, Haridwar on 15.08.1998 at about 4:10AM.

(3.) After conclusion of the investigation, charge sheets Ex. Ka-3, under Section 307 IPC against the accused, namely, Soran Singh, Kayum and Ombeer, Ex.Ka-4, under Section 25 Arms Act, against the accused-Soran Singh, Ex.Ka-5, under Section 4/25 Arms Act against the accused-Ombeer Singh and Ex.Ka-6, under Section 4/25 Arms Act against the accused- Kayum, were submitted by the Investigation Officer. Accordingly, cognizance was taken and the case was committed to the trial court and charges were framed on 16.07.2003 by trial court, in which they denied and claimed trial.