STATE OF U P Vs. MOHD IDRISH

JUDGEMENT

(1.) This government appeal has been preferred against the judgment and order dated 24.01.2007 passed by learned Additional Sessions Judge, FTC No.2, Bijnor, in Session Trial No.451 of 2006, State Vs. Mohd. Idrish, arising out of Case Crime No.705 of 2006 under Sections 420, 467, 468, 471, 307 I.P.C., Session Trial No.452 of 2006, State Vs. Mohd. Idrish, arising out of Case Crime No.706 of 2006 under Section 25 Arms Act, Session Trial No.453 of 2006, State Vs. Mohd. Idrish, arising out of Case Crime No.707 of 2006 under Section 60/72 Excise Act, and Session Trial No.454 of 2006, State Vs. Mohd. Idrish, arising out of Case Crime No.708 of 2006 under Sections 3/5/181/119/177/132/179 Motor Vehicles Act, Police Station Nazibabad, District Bijnor whereby the accused Mohd. Idrish has been acquitted of charges in all the aforesaid sessions trial.

(2.) Before proceeding further with the merits of the case, it would be relevant to consider the delay condonation application moved on behalf of the State. We have taken note of reasons explaining four days' delay. We also perused carefully affidavit filed in support of the delay condonation application. The reasons given in support of delay are explained satisfactorily. Delay is condoned.

(3.) The prosecution case, as is apparent from the impugned judgment is that HCP Javed Khan in company of other constables were checking the vehicles at outpost Jafarabad, Police Station Nazibabad, District Bijnor on 11.04.2006, when they saw black Scorpio vehicle coming from opposite side. Police personnel tried to stop the vehicle but it escaped from scene. On pursuit, the vehicle was caught four kilometers ahead of the outpost near bridge of river Sukhro. As soon as the driver of Scorpio vehicle was asked to stop the vehicle, the driver along with other person fired with countrymade pistol on the police party and tried to make their escape good leaving behind the vehicle. The police party arrested one of the assailants at about 10:30 a.m. The another one succeeded in escaping from the scene. On being asked, he told his name as Mohd. Idrish son of Shafiq Ahmad, resident of P-2-538 Sultanpuri Colony, Police Station Sultanpuri, Delhi.