BAHADUR NATH AND OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH these appeals, preferred by the appellants u/s 374(2) of the Code of Crimi­nal Procedure, 1973 (hereinafter referred to as Cr.P.C.), are directed against the common judgment and order dated 29.08.2002 passed by the Additional Ses­sions Judge/FTC, Kashipur, Udham Singh Nagar in Sessions Trial No. 350A/2001, State v. Surendra Singh and Sessions Trial No. 350/2001, State v. Bahadur Nath & Ors, whereby the learned Additional Ses­sions Judge/FTC has convicted all the appellants-accused, viz., Surendra Singh, Bahadur Nath, Zafar Ali and Layik Ahmed @ Don under Section 379 and 411 of Indian Penal Code, 1860 (for short, I.P.C.) and sentenced each of them to un­dergo one year's R.I. under Section 379 I.P.C. and two years' R.I. under Section 411 I.P.C. All the appellants-accused were acquitted of the charges framed against them under Section 307 I.P.C. and Sec­tion 26 of the Indian Forest Act. Since both these appeals arise out of the com­mon impugned judgment and order dated 29-8-2002 involving common and interre­lated facts, hence they are being decided by this common judgment.

(2.) IN brief, the prosecution case is that on 23-5-2001 at around 4.20 A.M., Sta­tion Officer Rakesh Chandra Thapliyal along with S.I. Rajveer Singh, S.I. Harish Chandra Joshi, Constable Vijay Singh, Constable Nardev Vashistha, Constable Ram Singh and Constable Rajendra Pal Singh in order to trace some wanted crimi­nals started from P.S. Bazpur in Govt. Jeep No. UP04B 8614 which was being driven by Nand Kishor Sati. Meanwhile, the said police party while on their way to Barhaini, mukhbir informed the Station Officer that Huge quantity of stolen khairwood is being smuggled by a truck no. URN 9559 from Haldwani to Kanpur via Bazpur. On this information, police party tried to find out some public wit­nesses through S.I. Rajveer Singh but no public witness could be available being the wee hours. Thereafter police party waited for the said truck at some distance from Barhaini. Then at around 5.04AM, the aforesaid truck came in full speed from Haldwani side. The police party signaled the truck to stop but it did not stop and went towards Bazpur in full speed. Police party chased the truck but the driver of the truck did not give the pass and tried to hit the jeep from the rear side of the truck. Then the police party tried to over­take the truck by wrong side, then again the said truck tried to ram into the jeep. Suddenly driver of the truck lost his con­trol over the tuck and the said truck fell down on the right side of road near the house of Prem Pal. Appellant-accused Layik @ Don ran away from the spot. Appellant-accused Surendra Singh re­ceived several injuries, who was sent for medical treatment in police custody to Govt. Hospital, Bazpur. Appellants-ac­cused Bahadur Nath and driver Zafar Ali did not receive any injury and they were arrested on the spot. There were 315 gifts of, khairwood, measurement of which was done by beet watcher Jai Kumar. Neither the documents pertaining to the wood nor the papers of truck were produced before the police party.

(3.) LEARNED Judicial Magistrate/Civil Judge (Jr. Div.), Kashipur after giving the necessary copies of the documents to the appellants-accused as prescribed under Section 207 Cr.P.C., committed the case to the Court of Sessions on 29-9-2001. Thereafter the case was transferred to Ad­ditional Sessions Judge/FTC, Kashipur on 5-10-2001 for its disposal according to law.