HAROON @ RAJA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred on behalf of the accused appellant Haroon @ Raja against judgement and order dated 03.08.2018 passed by Additional Sessions Judge/Special Judge (E.C. Act) Jhansi whereby appellant has been convicted and sentenced in Section 307 I.P.C. in Session Trial No. 70/2009 (Case Crime No.368 of 2008), P.S. Sipari, District- Jhansi to undergo rigorous imprisonment of two years eight months and fine of Rs.1,000/- and in default of payment of fine additional imprisonment for 15 days, in Section 411 I.P.C in Session Trial No.71 of 2009 (Case Crime No. Nil/2008), P.S. Sipari, District-Jhansi to undergo R.I. of two years eight months and fine of Rs.1,000/- in default of payment of fine additional imprisonment of 15 days and in Section 380 and 411 I.P.C. in Session Trial No. 95 of 2009 (Case Crime No. 342 of 2008), P.S. Sipari, District Jhansi to undergo R.I. of two years eight months and fine of Rs. 1,000/- in each sections and in default of payment of fine additional imprisonment for 15 days. In this appeal prayer has been made to set aside the impugned judgement and order to the extent of quantum of sentence awarded by the learned Trial Court.

(2.) Brief facts giving rise to this appeal are that in night of 13.03.2008. The informant R.K. Sharma then posted as officer in charge in Police Station-Sipari, District-Jhansi was busy in search of wanted accused and patrolling duty along with other Police personnel. While their duty in that area Police party had seen a black colour Appe Tempo coming in high speed from the side of Baudh Nagar. On suspicion when they tried to check the vehicle, the driver and persons sitting in that Tempo stop the Tempo and began to run. Police party chased them. On exhortation by the accused appellant, other accused persons opened fire on Police party with intention to kill them but none of the Police party received any injury. Three of them namely, Appu @ Nafees, Bablu @ Rahmat Ali and Shaheed were apprehended by the Police at 4.30 A.M. at a distance of 50 paces from crusher of Banni Babu but the accused/appellant was successful in running away from the spot. On personal search of three arrested accused persons illegal, objectionable articles were recovered from Appu @ Nafees and Shaheed. From the Appe Tempo siezed from the spot, stolen utensils used in worship were recovered which were kept in three 'gunny bags'. The utensils recovered were identified by the informant of the Case Crime No.342 of 2008 (Session Trial No.95 of 2009) to be stolen property of aforesaid case crime number which were stolen by unknown person from 'puja store' of the Temple. The siezed Appe Tempo was also found to be stolen property. Recovery memo was prepared on the spot in light of torch and electric by Ram Autar Singh S.I. on direction of informant R.K. Sharma, it was signed by informant, other Police personnel and arrested accused person.

(3.) On the basis of recovery memo F.I.R. as Case Crime No.368 of 2008, u/s 307 I.P.C. and Case Crime No. Nil of 2008 u/s 411 I.P.C. and in other sections were registered in Police Station Sipari, District Jhansi on 13.03.2008 at 7.30 A.M.