Decided on December 30,2013



- (1.) Since the above noted criminal appeals arise out of one judgment and order, therefore, they are being decided by this common judgment and order for the sake of brevity.
(2.) A first information report was lodged by PW1 Ram Prakash Tiwari against accused persons on 22.08.1990 in PS Jwalapur, Haridwar. Investigation began when the criminal law was set into motion by PW 1. After the investigation, a charge-sheet was submitted against four accused persons including the appellants for the offence punishable under Section 307 IPC. A separate charge-sheet under Section 25 Arms Act was also filed against accused-appellants Rajendra Gupta and Baiju Yadav. The cases were committed to the Court of Sessions.
(3.) When the trial began and prosecution opened it s case, charge for the offence punishable under Section 307 IPC was framed against the appellant Rajendra Gupta. Separate charge under Section 25 Arms Act were also framed against the accused-appellants, who pleaded not guilty and claimed trial. PW 1 Ram Prakash Tiwari (injured), PW 2 Dhan Prakash, PW 3 Kunwar Bahadur, PW 4 Rajeshwar Tyagi, PW 5 ASI Naresh Chandra Sharma, PW 6 Dr. V.K.Mittal, PW 7 Rishi Modi, PW 8 Head Constable Ganga Sahay and PW 9 SSI Dilip Kumar were examined on behalf of the prosecution. DW 1 Smt. Vidya and DW 2 Fateh Singh were examined in defense. 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. After considering the evidence on record, learned Additional Sessions Judge/Ist FTC, Haridwar, held the accused Rajendra Gupta guilty of the charge under Section 307 IPC and directed him to undergo rigorous imprisonment for a period of seven years along with fine of Rs. 1500/-, in default of which, he was directed to undergo three months further rigorous imprisonment. Accused Rajendra Gupta was also convicted under Section 25 Arms Act and was directed to undergo three years rigorous imprisonment. Co-accused-appellant Baiju Yadav was also convicted under Section 25 Arms Act, and was directed to undergo three years rigorous imprisonment. Both the sentences awarded to accused Rajendra Gupta were directed to run concurrently. Aggrieved against the judgment and order dated 03.09.2002, present criminal appeals were preferred on behalf of the convict-appellants.;

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