HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
State of U.P. (now Uttarakhand)
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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 30.06.1998, passed by learned Sessions Judge, Nainital, in Session Trial No. 322 of 1995, whereby said court has convicted accused/appellant Hadis under section 307 read with section 34 IPC, and sentenced him to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 1,000/- .2
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 18.03.1991, P.W.1 Ashraf Ali who was aged 14 years had gone to his school. At the time of the interval he was standing outside his school when co-accused Salim came in a three wheeler to him. Co-accused Salim was known to the boy (Ashraf Ali) as he was nephew of Idrish (servant of his father). Co-accused Salim had cooked up a story and told P.W.1 Ashraf Ali that some persons have conspired to kidnap him, and asked him to sit in the three wheeler so that he may take him to his house. On the way co-accused Salim advised the boy that for the purposes of safety they should go through the sugarcane field. Thereafter, as soon as the two entered in the sugarcane field on foot, present accused/appellant Hadis armed with country made pistol was found standing there. P.W.1 Ashraf Ali got frightened as he saw the present accused/appellant standing armed with country made pistol. He stared running. On this, co-3 accused Salim took country made pistol from the present accused/appellant Hadis, and fired shot on the leg of P.W.1 Ashraf Ali and injured him on his thighs and scrotum. On hearing sound of fire, two persons namely Bariyam Singh and Ilahi Baksh came there, and on seeing the witnesses the two accused ran away. Bariyam Singh took P.W.1 Ashraf Ali to the Government Hospital for his treatment. First Information Report (Ex. A1) of the incident was lodged on the same day at 13:20 hours by P.W.2 Sher Ali (uncle of the injured) with Police Station Bazpur, after getting information through Ilahi Baksh. On the basis of the FIR crime no. 147 of 1991, was registered relating to offence punishable under section 307 IPC against both the accused Salim and Hadis. Meanwhile, P.W.3 Dr. Hariom Pandey examined the injuries on the person of the Ashraf Ali (P.W.1) at 12:30 p.m, and prepared injury report (Ex. A2). Investigation appears to have been made by Sub Inspector Ved Prakash who submitted charge sheet only against accused Hadis for his trial in respect of offence punishable under section 307 IPC. In the4 charge sheet name of co-accused Salim who could not be arrested was shown in the column of absconder.;
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