RAJIV KUMAR @ RAJU Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Rajiv Kumar @ Raju
STATE OF UTTARAKHAND
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Umesh Chandra Dhyani, J. -
(1.) PW 1 Matwar Singh wrote a complaint (Ex.Ka -1) to S.O., Police Station Kankhal, District Haridwar on 18.04.1991 at 10:40 PM, which was registered as case crime No. 44/1991 against two unknown persons for the offence punishable under Section 302 IPC.
(2.) INVESTIGATION began on the basis of said first Information report. After investigation of the case, a charge -sheet was submitted against the accused persons, namely, Neeraj Sharma, Rajiv Kumar @ Raju, Pravesh Kumar and Dr. Sukhpal Singh for the offences punishable under Sections 302 & 120 -B IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges against the accused persons, namely, Neeraj Sharma, Rajiv Kumar @ Raju, Pravesh Kumar and Dr. Sukhpal Singh were framed for the offences punishable under Sections 302 read with 34 IPC & 120 -B IPC, to which they pleaded not guilty and claimed trial. A separate charge -sheet was also submitted against Rajiv Kumar @ Raju for the offence punishable under Section 25 Arms Act. This connected case was also committed to the court of Sessions. Sessions Trial Nos. 246/1995 and 250/1995 were clubbed together. Charge against Rajiv Kumar @ Raju was framed for the offence punishable under Section 25 Arms Act, to which he pleaded not guilty and claimed trial. Pw1 Matwar Singh, Pw2 Pawan Kumar, Pw3 Constable Shyam Singh, Pw4 Head Constable Rishi Pal, Pw5 Dr. D.P. Singh, Pw6 Tayyab Ali, Pw7 Dr. Habiburahman, Pw8 Banshi Lal, Pw9 Dr. Yashwant Singh Bisht, Pw10 Dr. Jagmohan Singh Rawat, Pw11 Narayan Datt Negi, Pw12 Dr. S.P. Singh, Pw13 Basant Kumar Gairola, Pw14 Baggha Ram, Pw15 Baisakh Singh, Pw16 Thakur Datt Pant, Pw17 Dr. V.K. Chaudhary, Pw18 Satya Dev Mishra, Pw19 Jeewa Narid Pant, Pw20 Ilam Chand, Pw21 Raghubir Singh and Pw22 Dr. Harbir Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence.
(3.) AFTER conclusion of the trial, learned Additional Sessions Judge/4th F.T.C., District Haridwar, vide judgment and order dated 17.12.2002, exonerated the accused persons of the charges under the Indian Penal Code. Accused -appellant Rajiv Kumar @ Raju was, however, found guilty and was convicted of the offence punishable under Section 25 Arms Act. He was directed to undergo rigorous imprisonment for 3 years. Aggrieved against the same, the present criminal appeal was preferred by the appellant.;
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