Decided on April 08,2013

Davendra Rana Appellant


- (1.) Appellant, by way of the present appeal, is assailing judgment and order dated 07.01.2009 passed by Additional Sessions Judge, Roorkee, District Haridwar in S.T. No. 99 of 2007 whereby appellant was found guilty for an offence punishable under Section 308 of I.P.C. and was sentenced to under go R.I. for three years and to pay fine of Rs. 2,000/-, failing which to under go additional imprisonment for three months.
(2.) Brief facts of the present case inter alia are that P.W.2 Inspector Kailash Panwar (P.W.2) lodged an First Information Report on 08.10.2005 with P.S. Kotwali Roorkee to the effect that P.W. 2 along with Constable Pramod Dhyani (P.W.1), Head Constable, Home Guard Vijendra Singh and police driver Chandra Prakash was on patrolling duty; when police party reached the Dhendera, they were told that Davendra Rana (present appellant) and Yudhister and others were stopping the voters to cast their vote; having received such information, police party reached near the Ashoka Iron Store, Dhendera where appellant (Davendra Rana), Yudhister, Ashok Rana, Furkan @ Sullah and Afzal along with 20-25 other persons found standing; however, all of them started running by making noise; meanwhile, Devendra Rana took out his pistol and with intention to kill fire towards the police party; however, fire missed the police party; taking advantage of less number of police personals, appellant and others were able to run; they were chased; one shell (cartridge) of 315 bore was recovered from the spot; police party tried to have public witness, however, none of them agreed; cartridge, so recovered, was kept in the seal cover under the seal and signature of P.W.2. Investigation was handed over to Mr. Om Prakash Arya (P.W.3). Having investigated the matter P.W.3 has filed chargesheet against the appellant as well as Yudhister, Ashok Rana, Furkan @ Sullah and Afzal for the offence punishable under Sections 147, 148, 504, 307, 336 read with Section 149 of I.P.C. and under Section 7 of Criminal Law Amendment Act.
(3.) Learned Magistrate after completion all the formalities committed the case to the court of Sessions. Learned trial court has framed charges against the appellant, Yudhister, Ashok Rana, Furkan @ Sullah and Afzal for the offence under Sections 147, 148, 307 read with Section 149, 336 read with Section 149, 504 of I.P.C. and under Section 7 of Criminal Law Amendment Act.;

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