Decided on March 07,2013

Vijay Sahu and Ors. Respondents


Alok Singh, J. - (1.) AT the outset, it is pertinent to mention here that since respondent No. 3 Rajesh Rawat had already died, so appeal against him has already abated vide order dated 25.02.2008. This is a State appeal against the judgment and order dated 31.03.2001 passed by 2 Additional Sessions Judge, Nainital whereby he was pleased to acquit the respondents herein.
(2.) BRIEF facts of the present case inter alia are that on 11.03.1999 PW1 Ramesh Singh Chilwal was admitted for treatment in the Male Ward of Sobhan Singh Jeena Base Hospital, Haldwani under the police custody. Head Constable 62 AP Latafat Ali and Constable 280 AP Manoj Kumar were on security duty of PW1 Ramesh Singh Chilwal, who was lying on bed No. 129 and his friend PW2 Jagdish Sharma was also sitting near his bed. Constable Manoj Kumar (PW4) was sitting on a stool placed between bed No. 123 and 129 while Head Constable Latafat Ali was sitting on bed No. 124. At about 11 p.m., respondents No. 1 to 6 and 8 along with one Prakash Pandey entered into the male ward armed with different firearms. Soon after entering into the male ward, one of the accused, all of a sudden pointed out a pistol on the head of Police Constable Manoj Kumar (PW4) and caught hold of him while another assailant snatched his rifle. Assuming that Mohd. Afroz (another patient), who was lying on bed No. 123 as Ramesh Singh Chilwal, assailants fired several rounds at him and when Head Constable Latafat Ali tried to retaliate, they also shot him and immediately thereafter, they fled from the spot. Constable Manoj Kumar (PW4), Ramesh Singh Chilwal (PW1), Jagdish Sharma (PW2) have seen all the assailants firing indiscriminately on Head Constable Latafat Ali and patient Mohd. Afroz. Head Constable Latafat Ali and Mohd. Afroz, later on, succumbed to their gun shot injuries. Constable Manoj Kumar got registered the FIR narrating the entire incident. During investigation, it was found that conspiracy to kill PW 1 Ramesh Singh Chilwal was hatched in the house of respondent No. 7 Jogendra Singh Rautela. In the test identification parade held on 23.04.1999, in the presence of Magistrate First Class, PW4 Constable Manoj Kumar was able to identify respondent Nos. 1, 2, 3, 4, 6 and Prakash Pandey. After investigation, Investigating Officer submitted a charge -sheet against all the accused persons for the offences punishable under Section 147, 148, 149, 396, 302, 307, 120 -B, 412 IPC. Accused Prakash Pandey was declared as absconder, so his trial was separated from the accused persons/respondents.
(3.) LEARNED trial court has framed charges against respondent Nos. 1 to 6 and 8 for the offences punishable under Section 147, 148, 307/149, 302/149 IPC while against respondent No. 7 charge was framed under Section 120 -B IPC.;

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