JAGAT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been filed by Jagat Singh against his conviction under Sec. 307, I.P.C. and sentence of ten years' R. I. as passed by the Assistant Sessions Judge, Nainital on 21-2-1984. The charge against the appellant was that on 2 6-1981, at about 11-30 a. m. near Dhobighat Paliya, Mohalla Rajpura, P. S. Haldwani District Nainital, the appellant assaulted Sri O. P. Sharma, Excise Inspector with a knife and caused him several injuries and thus committed an offence punishable under Sec. 307, I.P.C.

(2.) The case of the prosecution is that on 2-6-1981 one Krishna Avtar, constable in Excise Department was at the residence of Sri O. P. Sharma. At about 8.30 a. m on 2-6-1981 alongwith some other constables, the appellant, who was the servant of accused Pramod Kumar, since discharged had gone to the resident of Sri Sharma, as an informer giving details of a party who could be coming with charas. They alongwith Sri O. P. Sharma went to a particular godown at 10-30 a. m. The appellant made Sri Sharma change near a petrol pump and asked him to go in plain dress. The constables went behind them. In the meantime Sri Sharma raised an alarm, on hearing the same the constables reached towards Sri O. P. Sharma, when they saw the appellant running towards Gaula having a knife in his hand, who could not be sought in spite of a chase. Sri Sharma was taken to the Hospital. It is stated that for this crime one Pramod Kumar, whose illicit distillation of the liquor was inspected by the said Sri Sharma was responsible for conspiring. With these allegations in the aforesaid Krishna Avtar lodged the F.I.R. at 12-50 p. m. on 2-6-1981, The investigation was conducted by Sri R. K. Singh, sub-inspector, P. S. Haldwani, who found charges against the appellant made out. Pramod Kumar was, however, discharged for want of evidence by the trial Court. The appellant has been convicted and sentenced as noted above. Hence this appeal.

(3.) Sri P. N. Tripathi, Advocate was appointed as Amicus Curiae for pleading the case of the appellant by this Court and has argued the appeal with ability.