NADIR MIAN Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal challenges the validity and correctness of the judgement and order dated 16.4.1985 passed by Additional Sessions Judge, Rampur, in S. T. No. 51 of 1983, convicting the appellant and sentencing him to undergo R.I. for a period of one year for the offence under section 332 I.P.C. He was further convicted and sentenced to undergo R.I. for a period of one year for offence under section 324 I.P.C. Both the sentences, aforesaid, were directed to run concurrently.

(2.) Brief facts of the case are that on 9.1.1983, S.I., J.P. Sharma posted at police station Kotwali, District Rampur who was on patrol duty in bazar Nasrullah Khan accompanied by Head Constable Iftekhar Ahmad and Constables Hosla Prasad and Kaley Singh received information at about 11.15 a.m. that three persons were about to come on a motorcycle from the side of Chaqoo bazar, who had in their possession illicit weapons; that the informer had just left, when a motorcycle (Rajdoot) came from the side of Chaqoo bazar driven by Nadir Mian, accused on which, his younger brother Mazhar, accused and Amir Ali @ Pappu, accused were riding behind. They were intercepted on the south of tiraha of Chauki and were called upon to give their search, whereupon all the three accused persons got down from the motorcycle. Thereafter, Nadir Mian-appellant took out a Tamancha from his phent of payjama type salwar and fired towards S.I. J.P. Sharma with an intention to commit his murder, pellets of which Tamancha injured Constable Kaley Singh and one Habeeb Ahmad. The police force and the public present at the spot arrested Nadir Mian, but remaining two accused escaped, firing shots, towards the side of Chaqoo bazar. On a search of Nadir Mian being taken at the spot, a Tamancha i.e. country made pistol, Ext. 1 with an empty cartridge in its barrel, Ext. 19 was recovered from his right hand and rexine belt Ext. 2 with 16 live cartridges in it Exts. 3 to 18 were recovered from his wrist under the Kurta.

(3.) A memo Ext. Ka-1 was prepared at the spot about the recovery and recovered articles were sealed at the spot. S.I. J.P. Sharma then returned to the police station at 12.15 p.m. along with recovered articles, the motorcycle, the memo, arrested accused Nadir Mian, Constable Kale Singh injured and Habeeb Ahmad injured. Chik report Ext. Ka2 was prepared by Head Moharrir Surat Singh. Cases were registered under sections 307/332 I.P.C. against all the accused persons and 25 Arms Act against Nadir Mian accused and an entry was made in the G.D. at serial no. 32. Both the injured were sent to the District Hospital, Rampur for medical examination.