SUSHIL PHARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ram Mohan Mishra, learned counsel for appellant and Sri Alok Tiwari, learned A.G.A. for the State-respondents.

(2.) This appeal has been filed against the judgment and order dtd. 3/1/2000 passed by Special/Additional Sessions Judge, Rae Bareli in S.T. No.181 of 1998 and 182 of 1998 arising out of Case Crime No.255 of 1997, Police Station Bachhrawan, District Rae Bareli whereby the appellant has been convicted for offence under Sec. 307 IPC and sentenced to undergo 7 years rigorous imprisonment along with fine of Rs.2,000.00 and in default of making payment of fine, appellant would further undergo 2 years rigorous imprisonment.

(3.) Prosecution is that on 9/12/1997 at around 05:40 pm in Kasba Bachhrawan, P.S. Bachhrawan, District Rae Bareli, Station House Officer F.S. Jafri who was patrolling along with Constable Triyugi Narain Mishra and Constable Mahesh Singh on Bachhrawan chauraha came to know through a secret informer that appellant-Sushil Phari who is a dreaded robber and has committed several incidents of robbery in Allahabad, Lucknow and Kanpur is present on Bachhrawan bus stop to perform yet another heinous offence along with his companion and if acted promptly, he can be caught. Believing on this information, the police officials along with informer reached at Bachhrawan bus stop at 05:40 pm and on the signal of informer as soon as the police team proceeded forward, appellant-accused by exhorting the police team with intention to kill started firing on the Station House Officer. The police party ran to catch him then accused ran towards Lucknow by making indiscriminate firing in the Bachhrawan bazar. Station House Officer, F.S. Jafri received bullet injury on his face but without being disturbed, the police party at a distance of 100 yards caught the accused. From the accused one country made pistol of 12 bore and two empty cartridges of 12 bore were recovered which were taken into possession by the police. Two live cartridges were also recovered from the right pocket of the jacket worn by the accused. Due to this incident, there was stampede in the Bachhrawan bazar and traffic got disturbed. The accused failed to show the license. He was arrested and fard of recovered articles i.e. country made pistol and cartridges was prepared on the spot i.e. Ex.ka-1. Chik F.I.R. (Ex.ka-5) was lodged on the same day at 19:15 hours and Case Crime No.255/1997, under Sec. 307 IPC was registered along with Case Crime No.256/1997, under Sec. 25 Arms Act which was mentioned in the general diary Rapat No.32 dtd. 9/12/1997 at 19:15 hours, the carbon copy is Ex.ka-6. The injured F.S. Jafri was examined at PHC Bachhrawan on 9/12/1997 at 09:00 pm. The following injury was found on his person:-