GABBAR PATEL Vs. STATE

JUDGEMENT

(1.) Heard Sri Satya Prakash Rathor, learned Amicus Curiae for the appellant and Sri S.B. Maurya, learned counsel for the State and perused the material on record.

(2.) This jail appeal has been filed by the appellant Gabbar Patel @ Dharmendra challenging the impugned judgement and order dtd. 25/9/2006 passed by Additional District and Sessions Judge, Court No. 14, Varanasi in Sessions Trial No. 784 of 2004, by which he has been convicted and sentenced under Sec. 307 I.P.C. to undergo three years and six months rigorous imprisonment.

(3.) The prosecution case as per the First Information Report lodged on 4/3/2003 at about 01:40 am is that the police informer informed the police that one person standing at Jalalpur Mod and is about to commit an incident who is having narcotics and a country made pistol with him, on which, the S.O. Sunil Kumar Bisnoi along with his accompanying police personnels proceeded towards the said person. They had torch with them. The said person all of sudden fired upon them to which they escaped and then they followed him after which near Jalalpur Mod he showed them his weapon but they arrested him on 3/3/2003 at about 23:40 hrs after overpowering him. They recovered a 12 bore country made pistol from his right hand and immediately upon opening its barrel found an empty cartridge. The said person was asked about his identity to which he disclosed that his name is Gabbar Patel @ Dharmenndra Patel and told his father's name and address. He further told them that he has diazepam tablets with him. He told them to take his search after which from his left pocket something wrapped in paper was found, on opening of which small tablets were recovered which were on counting found to be 300 tablets. The country made pistol, empty cartridge and the tablets were recovered and a recovery memo was prepared which was duly signed by him. The said recovery memo is Exb: Ka-1 to the records.