- (1.) HEARD Sri Aviral Saxena, learned Amicus Curiae appearing on behalf of the appellant and learned A.G.A. for the State. This criminal appeal has been filed against the judgment and order dated 20.3.1985 passed by VIII Additional Sessions Judge, Agra in Session Trial No. 573 of 1984 convicting and sentencing the appellant to undergo for two years rigorous imprisonment under Section 307 and one year rigorous imprisonment under Section 25/27 Arms Act. The prosecution story in brief is that on 29.3.1983 at about
(2.) :30 P.M. in Mohalla Masthan within the police circle Kotwali District Agra, accused Shiv Kant fired with his pistol at the police party. The first fire did not hit any one and it is further stated that the accused again fired but it missed the target and the accused was apprehended by the police and from his right hand a country made revolver with which he had fired, was recovered. 2. The F.I.R. was lodged at the concerned police station and was registered by Head Constable Baboo Ram. A Chick F.I.R. which was written by Head Constable Baboo Ram has been marked as Ex. Ka -2. After investigation, charge -sheet was submitted against the accused u/s 307 I.P.C and 25/27 Arms Act have been framed against the accused. The prosecution in order to prove its case, has examined P.W.1 Sri R.K.Sharma Police Sub Inspector , P.W.2 Tej Pal Singh Varma, Police Sub Inspector, P.W.3 Baljit Singh Police Sub Inspector In charge Kotwali and P.W.4 Ram Ratan Varma Sub Inspector of the I.O. of the case. The accused has denied the allegations of the prosecution and has stated in his statement recorded under Section 313 Cr.P.C. that the police has falsely implicated him and the Police wanted his to give false evidence in a police cases and to become informant of the police, when he refused to oblige the police he was falsely implicated in this case.
(3.) P .W.1 Sri R.K. Sharma has stated before the trial court that on 29.11.83, he was posted as Sub Inspector at Police Station Kotwali. At the time of alleged occurrence, he was on patrol duty along with T.P. Varma (P.W.2), Inspector Baljit Singh (P.W.3) and other police persons. They were going in connection with investigation of the case u/s 457/380 I.P.C. This police party while proceeding from Bazar Maithan towards Gurdwara crossing. It is stated that the accused on seeing the police party turned back and tried to flee away. The said conduct of the accused arose suspicion in the mind of the police party which chased him when police party chased him, the accused took out the revolver from the pocket of his pant and while fleeing away, he fired at the Police Party. First shot did not hurt any body and thereafter, the accused fired again but it also missed the target and ultimately accused was apprehended near the B.P. Oil Mill and from his possession a revolver was recovered. This revolver was of 5 rounds. An empty used cartridge and one missed cartridge and 3 live cartridges were found in his revolver. The cash of Rs.17/ - was also recovered. P.W.1 has proved the recovery memo Ex. Ka.1 revolver material Ext.1, empty used cartridge Ext.2, one missed cartridge Ex.3, and 3 live cartridge Ext.4 to 6. This witness had further written out the recovery memo on the dictation of Inspector Baljit Singh (P.W.3). He has further stated that the accused was brought to the police station and the case was registered by Head Constable Baboo Ram. A check report of the F.I.R. Ex.Ka -2 which was written by Head Constable Banoo Ram, has been proved by this witness.;