MAHMOOD ALIAS BITTU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE aforementioned criminal appeals are preferred by the appellants namely, Mahmood and Sageer Ahmed against the judgments and orders dated 30-4-2002 passed by the learned Addl. District and Ses sions Judge, Roorkee in S. T. Nos. 106/1995, 107/1005 and 108/1995. Vide the afore said judgments and orders dated 30-4-2002, the learned Addl District and Ses sions Judge convicted the accused/appel lants for the offence punishable under Sections 307/34 IPC in S. T. No. 106/1995 and sentenced them to undergo five years rigorous imprisonment with fine of rupees fifteen hundred only, in default of pay ment of fine, they would undergo simple imprisonment for another period of four months whereas in S. T. Nos. 107/1995 and 108/1995, the appellants-Mahmood and Sageer Ahmed respectively were convicted for the offence punishable under Section 25 of the Arms Act and were sentenced to undergo rigorous imprisonment for five years with fine of rupees one thousand only. It was further directed that all the aforesaid sentences would run concurrently.

(2.) THE brief facts of the prosecution case are that on 28-04-1994, the police patrolling party headed by S. O. Pritam Singh was on a patrolling duty. At about 19:30 hours, they saw two persons com ing from the side of the canal on its road. As it had become dark so the police pa trolling party asked them to stop. Seeing the police patrolling party, both the afore said persons threatened the police patrol ling party and also stated that they would kill them. One of the miscreants even fired two shots upon the police patrolling party with the intention to kill them. THE police patrolling party also started firing in retali ation. Eventually, both the miscreants were apprehended by the police patrolling party. After being apprehended by the police, they disclosed their identities as Mahmood and Sageer Ahmed. THEreafter their search was conducted. From the search of Mahmood, an A. K.-47 rifle bearing no. 1613817 affixed with a magazine having thirty live cartridges in it, was recovered from his possession whereas from the search of Sageer Ahmed, two empty magazines of AK-47 rifle as well as 104 cartridges of AK-47 rifle were recovered from his possession. THE aforesaid car tridges and magazines recovered from their possession were sealed at the spot but AK-47 rifle was not sealed as it was bear ing a registered number. THE empty car tridges, which were in consequent to the firing by one of the miscreants upon the police patrolling party, were also recovered from the spot and were sealed separately. A memo to that effect was also prepared at the spot. THEreafter, the accused-appel lants alongwith the recovered articles were taken to the police station where the po lice registered as many as three cases against them, one was under Section 307 IPC and the remaining two cases were under Section 25 of the Arms Act.

(3.) IN the statement recorded under Section 313 Cr. P. C. , the accused appel lants in all the cases have stated that the evidence, which have been led against them, is totally incorrect and false. They further alleged that they have been falsely implicated in these cases. The accused-appellant Sageer Ahmed has stated in his statement that after being apprehended by the police from Manglore bus stand, he was brought to the police station where the other accused-appellant Mahmood was already there in the police station. IN sup port of their case, the accused-appellants also adduced the evidence of Moonga DW1 who has stated in his evidence that he was posted as 'chowkidar' in the bun galow of the forest and a number of per sons also reside near the place where the said incident is alleged to have taken place. He has further stated that a 'tem ple' is also situated near the place and two priests were residing in it.