BHAGAT S/O BALBIR AND ORS Vs. STATE OF U P (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-12-122
HIGH COURT OF UTTARAKHAND
Decided on December 04,2012

Bhagat S/O Balbir And Ors Appellant
VERSUS
State Of U P (Now State Of Uttarakhand) Respondents

JUDGEMENT

- (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 26.07.2000/27.07.2000, passed by Learned Additional Sessions Judge, Kashipur, in Sessions Trial No. 56 of 1999, Sessions Trial No. 57 of 1999, Sessions Trial No. 58 of 1999, Sessions Trial No. 59 of 1999, Sessions Trial No. 60 of 1999 and Sessions Trial No. 193 of 1999, whereby said court has convicted the accused/appellants namely Bhagat, Mukesh @ Ghori, Subhash and Daliram under section 148, 307/149 of I.P.C., and under section 25 Arms Act. Each one of the convicts namely Bhagat, Mukesh @ Ghori, Subhash and Daliram has been sentenced to rigorous imprisonment for a period of three years under section 307/149 of I.P.C, and rigorous imprisonment for a period of one year under section 148 of I.P.C. Each one of the convicts has been further sentenced to rigorous imprisonment for a period of one year under section 25 Arms Act, except accused Daliram, who has been sentenced to rigorous imprisonment for a period of six months under section 25 of Arms Act.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 09.03.1998, Station Officer Shailesh Gaur alongwith Sub Inspector Somveer Singh (PW4), Sub Inspector Ompal Singh (PW1), Head Constable Girish Babu Sharma, Constable Virendra Singh, Constable Ompal Singh, Constable Saroj Kumar, Constable Kewal Singh, Constable Narendra Kumar, Informant Risalat Hussain and Yashpal Singh (PW2) proceeded in government vehicle bearing registration no. UP02-6754 in search of some accused who had committed robbery. On the way they received an information from secret informer that some miscreants are hiding in a room near culvert on Nadehi Road, with deadly weapons. On this, the police party proceeded towards the culvert on Nadehi Road at about 11.00 am., and they surrounded the miscreants, and asked them to surrender. On this miscreants fired indiscriminately at police party to kill the policemen. However, the police personnel fortunately did not suffer any injury and after using necessary force arrested four persons, out of the seven miscreants. Rest were said to have succeeded in fleeing from the place of incident. The arrested persons disclosed their names as Bhagat (appellant no.1), Mukesh @ Ghori (appellant no.2), Subhash (appellant no. 3) and Daliram (appellant no.4). On the personal search of all the four persons arrested, from the possession of accused/appellants Bhagat, Mukesh @ Ghori, and Subhash country made pistols, with cartridges were recovered and from the possession of Daliram a knife with blade of prohibited length was recovered. Recovery memo was prepared at the spot, and separate crime numbers were registered against the four accused under section 25 Arms Act at Police Station Jaspur. A separate crime no. 149 of 1998 was registered at said Police Station relating to offences punishable under section 147, 148, 149 and 307 of I.P.C., against the seven accused including four accused/appellants.;


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