NAGENDRA VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) BOTH these appeals are the outcome of the judgement and order dated 31.03.1995 passed by the Additional Sessions judge, Lucknow by which the appellants Ram Manorath Verma has been sentenced for the offence punishable under Section 307 IPC and Section 25 read with Section 3 of the Arms Act, whereas the another appellant namely Sri Nagendra Verma has been sentenced for the offence punishable under section 30 of the Arms Act.

(2.) AS per the prosecution story, on 21.02.1986 at about 12:22 pm, a telephonic message was received at Police Station Hazratganj that in an incident of opening fire, causing injury to a person has taken place in front of Coffee House at Ashok Marg Road. On receiving this information, the police personnel reached at the place of occurrence and came to know that the sole assailant, after opening the fire with S. B. B. L. Gun was running away with the gun on the cycle through Naval Kishore Road. The assailant was pursued by the police personnel. He left his cycle and tried to ran away but he was apprehended by using necessary force. Upon his search, a S.B.B.L. Gun No. B.E. -124/1978 containing one cartridge in its barrel was recovered from his right shoulder. The assailant told his name as Ram Manorath C/o Nagendra Verma. Ram Manorath told that the gun belongs to his brother constable Nagendra Verma, who was posted at Police Station Sarojni Nagar, Lucknow at the time. On further interrogation, he also told about his enmity with Nand Kumar (injured). The recovered gun along with cartridge was taken into custody and the cycle was also taken into police custody. The report was lodged on 21.06.1986 at 14.05 hours. On the basis of the arrest and recovery memo, a written report (Exhibit Ka -2) was lodged. Injured Nand Kumar had also lodged a written report at the same police station, who has stated in his report that when he reached Coffee House, he saw that Ram Manorath was standing there with S.B.B.L. Gun, who had old enmity with him. Due to enmity, he came behind him and opened fire on his back with the gun, due to which, he sustained injuries and fell down near Coffee House. It was further alleged that the gun belongs to constable Nagendra Verma who was the brother of Ram Manorath. After the investigation, the charge -sheet for the offence punishable under section 307 IPC and Section 25 of the Arms Act was filed against Ram Manorath and the charge -sheet under section 30 of the Indian Arms Act was filed against Nagendra Verma. After the commitment, all the three Trials (ST No.167 of 1986; ST No.168 of 1986; and ST No.401 of 1986) were consolidated and heard together.

(3.) AFTER hearing the learned counsel for the parties, the learned Additional Sessions Judge, Lucknow held guilty the appellant Ram Manorath for the offence punishable under Section 307 IPC and Section 25 read with section 3 of the Arms Act. The appellant Nagendra Verma was found guilty for the offence punishable under Section 30 of the Arms Act. Regarding the appellant Nagendra Verma, learned counsel for the appellant has submitted that he was Police