MOHD MUQUEEM Vs. STATE OF U P

JUDGEMENT

(1.) The judgment and order dated 15.1.2010 passed by Additional Sessions Judge, Court No. 6, Kanpur Nagar in Special Session Trial No. 827 of 2000 arising out of case crime no. 40 and 41 of 2000 and Session Trial No. 1068 of 2002 arising out of case crime No. 38 and 39 of 2000 convicting the appellant for 12 years rigorous imprisonment coupled with a fine of Rs. 100000/- (one lac) under Section 20(B)(ii)(c) N.D.P.S. Act, four years rigorous imprisonment and a fine of Rs. 20,000/- under Section 21(B) N.D.P.S. Act, five years rigorous imprisonment and a fine of Rs. 5000/- under Section 307/34 I.P.C. and two years rigorous imprisonment and a fine of Rs. 5,000/- under Section 25 of the Arms Act, is under challenge in the present criminal appeal.

(2.) Brief facts of the case are that on 30.1.2000 Inspector, Hari Shankar Shukla alongwith constable Ramesh Chandra Yadav, constable Shiv Shankar Tiwari, constable Mohd. Mujeeb, constable Kashi Prasad and constable Ram Murat Tiwari was busy in maintaining the law and order and also in search of wanted criminals. When the team arrived at the Eidgah crossing they received an information through the informer to the effect that some criminals having illicit arms are coming from the side of Sujat Ganj towards railway south colony. Believing on such information, S.I. M.L. Verma, constable Suresh Chand Chaurasiya, S.I. Netrapal Singh,S.I. Rakesh Kumar Trigunayat and constable Lal Bahadur were summoned for the purpose. The team also tried to arrange some independent public witness but none became ready. The Police team hide itself against the wall of C.O.D. School. After sometime on the pointing out of the informer the team noticed some miscreants coming from the side of the Sujat Ganj. The police team asked them to stop but instead they opened fire on the team. Two bullets were fired at the team while the third one resulted into a misfire. They were chased by the team and at about 30 PM, the police team succeeded in apprehending one of the miscreants. However, the rest of them managed to flee away from the spot.

(3.) The apprehended man disclosed his name as Muqeem of village Baboopurva, District Kanpur Nagar and told the raiding team that he was having illegal charas, smack and a country made pistol with him. The apprehended man Muqeem could disclose the name of only one of the miscreants as Islam @ Bengali of village Baboopurva.