Decided on July 17,2013

Harjinder @ Chaini And Others Appellant


- (1.) Criminal law, in the instant case, was set into motion at the instance of PW 1 SI Rakesh Chandra Thapaliyal, who lodged the first information report on 02.06.2000, at 00:55 a.m., in PS Nanakmatta against four accused persons, which FIR was registered as case crime nos. 210 of 2000, 211 of 2000, 212 of 2000 and 213 of 2000, under Section 307 IPC and Section 25 Arms Act. The first case crime number was as regards the offence punishable under Section 307 IPC and others were for the offence under Section 25 Arms Act. After the investigation, separate charge sheets were submitted against the accused persons. Case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges for the selfsame offences were framed against the accused persons, to which they pleaded not guilty and claimed trial. PW 1 SI Rakesh Chandra Thapaliyal, PW 2 CP Brij Kishor and PW 3 SI Birendra Singh Rawat were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they said that they were falsely implicated in the case.
(2.) After considering the evidence on record, accused persons Harjinder Singh, Gurdip Singh, Makhan Singh and Harnam Singh were acquitted of the charge of the offence under Section 307 IPC. Accused persons Harjinder Singh, Gurdip Singh and Harnam Singh were convicted of the offence punishable under Section 25 Arms Act. Each one of them was directed to undergo rigorous imprisonment for six months, vide Judgment and Order dated 04.07.2002. Aggrieved against the impugned order (of conviction), present criminal appeal was preferred by the accused-appellants. Accused-appellants remained in jail for some time.
(3.) Pw 1, in his examination-in-chief, supported the prosecution story and proved the first information report, which was largely based upon the recovery memo, whereby certain illicit arms were recovered from the possession of the accused-appellants. PW 1 also stated that on 01.06.2000, at 10:15 p.m., when the police party was coming from Nanakmatta Sagar Dam, the accused persons fired upon them with the intention to kill them. No police personnel received injury. They escaped unhurt. The accused persons were apprehended. Different arms along with cartridges were recovered from their possession. They could not show any license to keep those arms and therefore, they were challaned under Section 307 IPC as well as under Section 25 Arms Act.;

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