Indra Pal alias Pappu vs State of U.P.

B.K. Rathi, J.—Appellant Indra Pal has been convicted for the offence u/s 307 read with Section 34, I.P.C. and has been sentenced to undergo R.I. for four years and to pay a fine of Rs. 10,000. He has been further convicted u/s 25, Arms Act and has been sentenced to three months R.I. by judgment, dated 1.9.95. Aggrieved by the conviction and sentence, the present appeal has been preferred by the Appellant from Jail.

According to the case of the prosecution, on 12.3.94 at about 3.00 p.m. the Appellant was arrested along with other accused and from his possession a country made pistol was recovered. The other persons were also arrested. It is further alleged that the Appellant and other accused fired towards the police party with the intention to commit murder of the police personnel. Therefore, a case under Sections 307/34, I.P.C. and Section 25 of the Arms Act was registered.

The prosecution in support of its case examined Kaushal Kishore Shastri S.I. and Satish Chandra P.W. 3, the witnesses of public and other formal witnesses, who proved the incident and arrest of the Appellant. The formal evidence was also examined. The learned Additional Sessions Judge, Meerut relying on the evidence convicted and sentenced the Appellant as above by an order dated 1.9.95.

I have myself perused the evidence. I do not find any ground to disagree with the findings of the learned Additional Sessions Judge, Meerut. The Appellant could not explain as to why he has been falsely implicated in this case. The statement of Sub-Inspector has been supported by Satish Chandra, a public witness. The arrest was made within the circle of P.S. Khekhra of District Meerut. The applicant is a resident of P.S. Chandi Nagar of District Meerut. There is no explanation by the Appellant as to why he was found at the place of incident.

Considering the circumstances, I maintain the conviction of the Appellant. However, as regards the sentence the Appellant is in jail since 12.3.94. He was sentenced to 4 years R.I. only and to pay a fine of Rs. 10,000 and in default of payment of fine to further undergo imprisonment for three months.

In the circumstances and considering the nature of the offence, the sentence of the Appellant is modified and he is sentenced for the period for which he has been in jail. The sentence of recovery of fine is set aside. The Appellant shall be released from jail if not wanted in any other case.

The appeal is disposed of accordingly.

Let a copy of this order be sent to the C.J.M., Meerut for compliance immediately.