ANIL KUMAR Vs. STATE OF U P
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF U P
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(1.) This appeal, preferred under section 374 of Code
of Criminal Procedure, 1973, (for short Cr.P.C), is
directed against the judgment and order dated
07.05.1999, passed by IVth Additional Sessions Judge
Nainital, in Sessions Trial No. 09 of 1998, Sessions
Trial No. 10 of 1998 and Sessions Trial No. 12 of 1998,
whereby the accused/appellants Anil Kumar and Salim
have been convicted under section 307 of I.P.C., and
under section 25 Arms Act. Each one of them has been
sentenced to rigorous imprisonment for a period of
seven years under section 307 I.P.C., and rigorous
imprisonment for a period of five years under section
25 Arms Act.
(2.) Heard learned counsel for the parties and perused
the lower court record.
(3.) Prosecution story, in brief, is that on 30.06.1997,
Station Officer Praveen Kumar Tyagi (PW2), Sub
Inspector Om Pal Singh and Inspector Mohd. Hanif
(PW1) alongwith Constables got information that some
miscreants have gathered near Kalyanpuri Tiraha
within the limits of Police Station Jaspur. They
proceeded to said place in search of the miscreants so
that they may be prevented from committing any crime.
When they reached near the spot the miscreants
believing that they have been surrounded by the police,
and opened indiscriminate firing at the police party.
Prosecution case is that luckily no fire hit the police
men. Thereafter, the policemen at about 8.30 p.m. over
powered the three miscreants who disclosed their
names Anil Kumar (present appellant no.1), Salim
(present appellant no.2) and Bablu @ Ramesh . On the
search of their person a pistol of 315 bore alongwith
two live cartridges was recovered from the accused
Anil Kumar, and 12 bore pistol alongwith two live
cartridges was recovered from the other accused Salim.
The police prepared recovery memo (Ex A-1) and
took the three accused into custody. On the basis of
recovery memo, chick First Information Report (Ex A-
2) was prepared at Police Station Jaspur on 30.06.1997
at 10.25 p.m. and Crime No. 262 of 1997 was registered
in respect of offence punishable under section 307 of
I.P.C. Simultaneously, Crime No. 263 of 1997 was
registered in respect of offence punishable under
section 25 Arms Act, against the accused Anil Kumar,
and the Crime No. 265 of 1997 relating to offence
punishable under section 25 Arms Act, was registered
against the accused Salim. After investigation made by
Sub Inspector Anil Kumar Tyagi (PW4), charge sheet
was filed against the accused/appellants Anil Kumar,
Salim and the third accused Bablu @ Ramesh, for their
trial in respect of offence punishable under section 307
of I.P.C. Separate charge sheets were filed in respect of
offence punishable under section 25 Arms Act.
Sessions Trial No. 09 of 1998 has arisen out of the
charge sheet in respect of offence punishable under
section 307 of I.P.C., and other Sessions Trial No. 10 of
1998 and Sessions Trial No. 12 of 1998 have arisen out
of the crime registered in respect of offence punishable
under section 25 Arms Act, after the Magistrate
committed the cases to the court of Sessions for trial.;
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