Decided on June 19,2013

Sanjay Raj And Three Others Respondents


- (1.) An FIR was lodged by PW4 Constable Mukesh Kumar against Sanjay Raj, Raju, Moti and Deepak on 04.03.2001 in Reporting Outpost, Patel Nagar, District Dehradun, in respect of offences punishable under Sections 332, 353, 307 of IPC, Section 7 Criminal Law Amendment Act and under Section 25/4 of the Arms Act. The allegations against the accused persons, in nutshell, were that, they inflicted blows of knives on the police party with the intention to kill them, while they were on patrolling duty. The accused persons used criminal force to deter public servants from discharging their duties and also voluntarily caused hurt to them. A knife was recovered from the possession of accused Sanjay Raj, who was also arrested on the spot.
(2.) After investigation, chargesheet was submitted against all the four accused persons in respect of offences punishable under Sections 332, 353, 307, 224 of IPC and under Section 7 of the Criminal Law Amendment Act. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it s case, charges for the offences punishable under Sections 332, 324, 307 of IPC and 7 Criminal Law Amendment Act were framed against the accused persons, who pleaded not guilty and claimed trial. A separate charge under Section 25/4 of Arms Act was framed against accused Sanjay Raj, who claimed to be tried.
(3.) Pw1 Dr. Ajay Kumar Pathak, PW2 Head Constable Satyendra Singh, PW3 Constable Lokendra Singh (injured), PW4 Constable Mukesh Kumar (injured) and PW5 S.I. Sandeep Negi (Investigating Officer) were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in which the accused persons simply denied the allegations levelled against them. They said that they were falsely implicated in the case. In addition to that, accused Sanjay Raj said that he went to lodge the report in Reporting Outpost Patel Nagar, but he was made to sit there. No evidence was given in defence. After considering the evidence on record, learned Sessions Judge / I FTC, Dehradun, vide order dated 09.08.2001, found the accused persons not guilty and acquitted them of the charges levelled against them. Aggrieved against the impugned judgment and order, present Government Appeal was preferred by the State.;

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