Decided on October 04,2013

Altaf and Anr. Appellant


U.C. Dhyani, J. - (1.) P .W. 1 Hari Charan wrote a complaint (Ex. Ka -1) to the Station Officer, Police Station Gang Nahar, District Haridwar on 09.02.2000 alleging therein that in the intervening night of 08/09.02.2000, at around 3:00 A.M., his son Anuj heard the noise of opening of shutter of his shop. Anuj came out of the house. He was followed by the informant and his elder son Jaideep Singh. All the three saw three thieves inside the shop. One of the miscreants fired upon Anuj, no sooner an attempt was made to apprehend the miscreants. Some injuries were caused by the informant to one of the miscreants in a scuffle. All the three miscreants were young boys. They left their scooter bearing registration number R.P.F. 3380 LML Vespa (slaty colour) outside the shop. Anuj was taken firstly to Pal Nursing Home and thereafter to the Government Hospital, where he was declared 'brought dead'. Many people from the locality came and saw the incident. The names of the miscreants were not disclosed in the FIR, but the informant stated in the FIR that they (informant and Jaideep Singh) could identify the accused persons. A chick FIR was registered on the basis of the said complaint on the selfsame day at 10:10 A.M. There appears to be no delay in lodging the FIR. Investigation began on the basis of said first information report. After investigation of the case, a chargesheet was submitted against the accused persons, namely, Raju, Altaf and Javed for the offence punishable under Section 460 I.P.C. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges against Altaf and Javed were framed for the offence punishable under Section 460 I.P.C. A separate charge was also framed against Altaf for the offence punishable under Section 25 of the Arms Act. Accused persons pleaded not guilty to the charge(s) and claimed trial. One of the accused Raju died and therefore case against him stood abated.
(2.) P .W. 1 Hari Charan, PW2 Jaideep Singh, PW3 Balraj, PW4 Mahesh Chand, PW5 Dr. Pradeep Kumar, PW6 S.I. Anand Prakash and PW7 S.I. Y.P.S. Bhadoriya were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence. After conclusion of the trial, learned Additional Sessions Judge, Roorkee, District Haridwar, vide judgment and order dated 06.10.2009, convicted Altaf and Javed under Section 460 I.P.C. Both of them were awarded imprisonment for life. Each accused was also sentenced to pay a fine of Rs. 10, 000/ -. In default of payment of fine, the convicts were directed to further undergo imprisonment for six months. Accused Altaf was exonerated of the charge under Section 25 of the Arms Act. Aggrieved against their conviction and sentence, present criminal appeal was preferred on behalf of the convicts Altaf and Javed.
(3.) P .W. 1 Hari Charan, in his examination -in -chief, supported the contents of his complaint (Ex. Ka -1). He also proved his signatures on the same. While elaborating the incident, P.W. 1 said that he got the complaint written with the assistance of scribe Rajeev Tyagi. Accused persons left their scooter outside the shop. They (P.W. 1 & PW2) recognized the accused persons. The Investigating Officer took the scooter in his possession. P.W. 1 was also a signatory to the recovery memo (Ex. Ka -7) of scooter. One Surendra (not examined as prosecution witness) of Mohanpura told the police on 09.02.2000 itself that the scooter was usually driven by Altaf, Raju and Javed, who were vendors of plastic utensils. The police took P.W. 1, Jaideep Singh (PW2) and Surendra with them and started making a search for the accused persons. On the selfsame day at around 6:30 PM, when the police party alongwith P.W. 1 and PW2 reached near Rampur toll barrier, three miscreants were seen coming on foot. P.W. 1 identified those and told the police that they were the persons who committed the offence in the intervening night of 08/09.02.2000. Surendra Singh also affirmed their names as Javed, Altaf and Raju. All the three accused persons were apprehended by the police near Sapna Talkies at around 6:30 P.M. P.W. 1 also identified the accused persons in the open court. When they were apprehended near Sapna Talkies, two country made pistols and cartridges were recovered from the possession of Altaf and Raju. Scooter (Material Ex. 1) was also produced before the trial court. Countrymade pistols and cartridges were also placed before the court below. P.W. 1 was cross -examined by learned counsel for the defence at length, but nothing adverse came in his statement, so as to suggest that PW1's testimony should be treated with suspicion.;

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