PRAMOD KUMAR AND ANOTHER; ARBIND @ BINTU; SONU Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Pramod Kumar And Another; Arbind @ Bintu; Sonu
STATE OF UTTARAKHAND
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(1.) All these appeals are directed against the judgment and order dated 28.02.2013 passed by Additional Sessions Judge, Kotdwar, Pauri Garhwal in Sessions Trial Nos. 80/2004, 81/2004, 82/2004 and 83/2004 whereby appellants were held guilty for the offence punishable under Sections 397/149, 120-B IPC and were sentenced to undergo 7 years rigorous imprisonment each and to pay fine of Rs. 5,000/- each and in default of making payment of fine, to undergo 2 month additional simple imprisonment under Section 397/149 IPC; were sentenced to undergo 7 years rigorous imprisonment each under Section 120 IPC. Accused appellants Vijay and Sonu were further convicted under Section 25/4 of the Arms Act and sentenced to pay fine of Rs. 1,000/- each and in default of making payment of fine to undergo additional rigorous imprisonment of two months under Section 25/4 of the Arms Act. Accused appellant Arbind @ Bintu was further convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1,000/- and in default of making payment of fine to undergo additional rigorous imprisonment of two months under Section 25 of the Arms Act. Appellants were acquitted from the charges of 394/149, 412 IPC.
(2.) Since all the appeals are directed against one and common judgment and appeals are interconnected, therefore, all the appeals are heard together and are being disposed of by this common judgment.
(3.) Brief facts of the present case, inter alia, are that PW2 Sanjeev Sharma alias Tinku lodged an FIR with police station Lansdowne, District Pauri Garhwal on 20.7.2004 to the effect that PW2 was driving the Santro Car bearing no. UP 11 G 7550 and PW6 Gajendra Bajwa was sitting in the car; they were coming from Lansdowne to Kotdwar; at about 3 3 1/2 km ahead from Toll Barrier, he saw some people were pushing Scorpio Car standing on the road; he blew horn of Santro Car; those people immediately came near to the car and he was forced to come out from car; he was pushed in the car on the rear seat; one of the miscreants sat next to him on the rear seat and pointed knife on him; second miscreant sat on the driving seat of the Santro Car and third miscreant put knife on the neck of PW6 Gajendra Bajwa, and thereafter, one of them put pistol on the head of PW6 Gajendra Bajwa near his ear and pulled the trigger, however, pistol did not fire; thereafter, one miscreant pushed PW2 in a gorge from the Hill; when PW2 came out, he found PW6 Gajendra Bajwa injured; mobile phone, gold chain and money was looted from him; miscreants ran away towards Kotdwar in a silver colour Scorpio car, therefore, after registering the FIR necessary action may be taken against the miscreants. On the report submitted by PW2, chick FIR bearing case crime no. 586 of 2004 under Section 394 IPC was registered against unknown persons on 20.07.2004 at 09.30 p.m. After arrest of the appellants, test identification parade was held in jail on 24.09.2004 wherein appellant Vijay, Arvind @ Binta and Sonu were identified by PW2 and PW6 in 3rd round.;
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