A.N.Dikshita - (1.) THIS is an appeal filed by Badri against the judgment and order dated 11-11-1978 convicting him under section 307 IPC and section 25 of the Arms Act and sentencing him to five years' RI and to three years' RI respectively, Both the sentences to run concurrently.
(2.) IN brief, the prosecution version is as follows : On the night between 10/11th November 1976, SI Gyan Prakash Sharma, S.O. of Police Station Pahasu along with constables Chabi Nath, Rishipal and Balister proceeded for patrol duty. When they reached at about 3.00 a. m. in village Dighi they noticed a person sitting on the western side of the culvert on Khurja Pahasu road. On being questioned by the police party from a distance of about 20 paces the said person fired a shot at the police party. The shot missed and none was injured. After firing the shot that person ran towards village Atarna. The police party gave a chase and succeeded in over powering the miscreant at a distance of about 30 paces. Some injuries were caused to the miscreant. On. enquiry the miscreant revealed his name as Badri son of Chet Ram resident of village Karora, P. S. Pahasu. On a search being made a country made pistol with an empty cartridge in its barrel and five live cartridges were recovered from the person of the accused. The recovered articles were sealed on the spot. A first information report of the incident was lodged by SI Gyan Prakash at P. S. Pahasu at 5.50 a. m. on 11-11-1976, the police station being at a distance of about 2 miles from the place of occurrence. Sri Virendra Singh, SI started the investigation of the case. He recorded the statements of the witnesses and inspected the site and prepared the site plan the same day. On the same day he also submitted a charge sheet against the accused-appellant under section 307 IPC and section 25 of the Arms Act. The necessary sanction for the prosecution of the appellant under section 25, Arms Act, was obtained from the District Magistrate.
(3.) IN support of its case the prosecution examined Chabi Nath, PW 1, Shishpal Singh, Head Moharrir, PW 2, Gyan Prakash, SI, PW 3, and Virendra Singh PW 4. The appellant pleaded not guilty and stated that he had been falsely implicated by the police as he was acquitted by the court in some cases which were launched against him by the police. He also denied any recovery from his possession. He further stated that he had been arrested from his house. Bemlesh, DW 1, was examined by the defence to prove its version.;