Decided on August 06,2013

Anil Alias Piddi Appellant


- (1.) Criminal law was set into motion at the instance of PW1 Om Prakash, who was also the injured informant / complaint. The FIR was lodged at his instance against the accused-appellants on 24.07.1998, at 11:45 P.M., in police station Haldwani, which was registered as case crime no. 1173 of 1998, under Sections 307, 323 of IPC. The incident allegedly took place on the selfsame day at 11:00 P.M., the FIR was lodged within 45 minutes and, therefore, there appeared to be no delay in lodging the FIR. After the investigation, a charge-sheet was submitted against the accused persons for the offences punishable under 2 Sections 307, 323 of IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges for the offences punishable under Sections 323 / 34 of IPC and 307 / 34 of IPC were framed against the accused persons, to which they pleaded not guilty and claimed trial.
(2.) Pw1 Om Prakash, informant-injured; PW2 Raju, s/o PW1 and eyewitness; PW3 Suresh, declared hostile; PW4 Jagdish, declared hostile; PW5 S.I. Ramesh Chandra Pandey (I.O.) and PW6 Dr. S. Anwar were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 of Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was adduced in defence. After considering the evidence on record, learned Addl. Sessions Judge, Haldwani, vide impugned judgment and order dated 08.11.2001, convicted the accused persons, namely, Anil alias Piddi and Rajesh alias Tata of the offence punishable under Section 307 of IPC read with Section 34 of IPC and were sentenced appropriately. Aggrieved against the impugned judgment and order, present criminal appeals were preferred by the convicts.
(3.) Pw1, in his examination-in-chief, supported prosecution story and said that the accused persons were inimical to him. On 24.07.1998, at 11:00 P.M., when PW1 was sitting outside his house on a thela3 (pushcart), accused persons came to him. Accused Anil alias Piddi caught hold of him. Co-accused Rajesh alias Tata exhorted to kill PW1. Rajesh alias Tata fired upon PW1 with a country made pistol, as a result of which, he sustained injuries on his head and limb. Both the accused persons fled away. PW1 also proved his complaint (Ext. Ka-1). PW1 was taken to Soban Singh Jeena Base Hospital for treatment.;

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