SUDHIR AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sushil Kumar, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order dated 22.01.2005 passed by Additional Sessions Judge, court no.7, Aligarh in Sessions Trial No.1110 of 2000, (State Vs. Binu @ Vinai and others), police station- Gabhana, District- Aligarh, whereby the appellants Binu @ Vinai, Lakhan @ Lakkhi, Sudhir and Subhash each have been sentenced to 5 years R.I., coupled with fine Rs.5,000/- with default stipulation for one year additional simple imprisonment- under Section 307/149 IPC. Appellants Binu @ Vinai and Lakhan @ Lakkhi have been further sentenced to 1 year R.I., coupled with fine of Rs.1,000/- with default stipulation for one month simple imprisonment- under Section 25 Arms Act. All the sentences have been directed to run concurrently.

(3.) Relevant facts for adjudication of this appeal as gathered from record appear to be that it is a case of police encounter. Facts of this case appear to be that first information report was lodged by Bhupendra Kumar Sharma, S.O. Police Station- Gabhana on 18.4.1999 at 9.30 P.M., which shows that informant himself along with S.O. V.K. Sharma, S.I. Atar Singh, S.I. B.P. Singh, Constable Mahipal, Constable Awadh Kishore, Constable Anil Kumar, Constable Ratnesh Kumar departed from the police station on the Government Jeep UPC 81B- 6114 for investigating the case at rapat no.30. They were busy in patrolling and checking of vehicls. The patrolling was on and the police party was moving towards Aligarh. When they reached in the vicinity of village- Kanhoi, they received tip off information that some miscreants are hiding and are planning to commit offence in front of the road leading to Ogar Road, behind the trees situated on the southern side of GT Road. The police party proceeded towards the spot and apprehended three miscreants on the spot in the torch light and overpowered them. All the miscreants were taken into custody at 9.30 P.M. Search was made and country-made gun .315 bore was recovered from the possession of Binu @ Vinai s/o Manohar Singh Raghav. Similarly, the another accused- Lakhan Singh @ Lakkhi- was also searched and one country-made gun .12 bore was also recovered from them. Besides, two live cartridges were also recovered from their person. Third accused Mukesh was also apprehended from the spot and a knife was recovered from his possession. Accused Sudhir s/o Surendra Singh and Subhash s/o Bhoodev fled away from the scene in the darkness and could not be traced out. However, they were identified by the police personnels in the torch light.