Narendra vs State Of Uttarakhand on 8 April, 2026

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    Uttarakhand High Court

    Narendra vs State Of Uttarakhand on 8 April, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
    
                   Criminal Appeal No. 24 of 2015
    
    Narendra                                                 .... Appellant
    
                                    Vs.
    State of Uttarakhand                                ....Respondent
    
    
    
    Present:
               Mr. Lalit Sharma, Advocate for the appellant.
               Mr. B.N. Molekhi, D.A.G. for the State.
    
                                          with
    
                   Criminal Appeal No. 25 of 2015
    
    Pappu Gujjar                                             .... Appellant
    
                                    Vs.
    State of Uttarakhand                                ....Respondent
    
    
    
    Present:
               Mr. Lalit Sharma, Advocate for the appellant.
               Mr. B.M. Molekhi, D.A.G. for the State.
    
                                          With
    
                   Criminal Appeal No. 43 of 2015
    
    Praveen Balmiki                                          .... Appellant
    
                                    Vs.
    State of Uttarakhand                                ....Respondent
    
    
    
    Present:
               Mr. Shiv Bhatt, Advocate for the appellant.
               Mr. B.M. Molekhi, D.A.G. for the State.
    
                                          with
    
                   Criminal Appeal No. 44 of 2015
    
    Praveen Balmiki                                .... Appellant
    
                                    Vs.
    State of Uttarakhand                                ....Respondent
                                      2
    
    
    
    
    Present:
               Mr. Shiv Bhatt, Advocate for the appellant.
               Mr. B.M. Molekhi, D.A.G. for the State.
    
                                          And
    
                 Government Appeal No. 53 of 2019
    
    State of Uttarakhand                                     .... Appellant
    
                                    Vs.
    Susheel                                             ....Respondent
    
    
    
    Present:
               Mr. B.M. Molekhi, D.A.G. for the State/appellant.
               Mr. Bharat Chaudhary, Advocate for the respondent.
    
    
                               JUDGMENT
    

    Coram: Hon’ble Ravindra Maithani, J.

    Hon’ble Siddhartha Sah, J.

    SPONSORED

    Hon’ble Ravindra Maithani, J. (Oral)

    Since, all these appeals arise from similar incident, they

    are heard together and decided by this common judgment.

    2. In Criminal Appeal No. 24 of 2015, filed by the appellant

    Narendra, in Criminal Appeal No. 25 of 2015, filed by the appellant

    Pappu Gujjar and in Criminal Appeal No. 44 of 2015, filed by the

    appellant Praveen Balmiki, the challenge is made to the judgment and

    order dated 18.12.2014 passed in Sessions Trial No. 335 of 2008,

    State v. Praveen and others, by the court of Additional District and

    Sessions Judge, Laksar, District Haridwar. By it, the appellants

    Narendra, Pappu Gujjar and Praveen Balmiki have been convicted

    under Sections 302 read with 34, 307 read with 34, 302 read with

    120B & 504 IPC and sentenced as hereunder:-

    3

    (i) Under Section 302 read with 34 IPC -life

    imprisonment with a fine of Rs.10,000/- each. In

    default of payment of fine, to undergo simple

    imprisonment for a period of three months.

    (ii) Under Section 307 read with 34 IPC -rigorous

    imprisonment for a period of seven years with a fine

    of Rs.10,000/- each. In default of payment of fine,

    to undergo simple imprisonment for a period of

    three months.

    (iii) Under Section 302 read with 120B IPC -life

    imprisonment with a fine of Rs.5,000/- each. In

    default of payment of fine, to undergo simple

    imprisonment for a period of two and a half months.

    (iv) Under Section 504 IPC -rigorous imprisonment for a

    period of two years with a fine of Rs. 1,000/- each.

    In default of payment of fine, to undergo simple

    imprisonment for a period of one month.

    3. Criminal Appeal No. 43 of 2015 has been preferred by the

    appellant Praveen Balmiki challenging the judgment and order dated

    18.12.2014, passed in Sessions Trial No. 336 of 2008, State Vs.

    Praveen Balmiki, by the court of Additional District and Sessions

    Judge, Laksar, District Haridwar. By it, the appellant has been

    convicted under Section 25 of the Arms Act, 1959 (“the Arms Act“) and

    sentenced to undergo rigorous imprisonment for a period of two years

    with a fine of Rs.500/- and in default of payment of fine, to undergo

    simple imprisonment for a further period of 15 days.

    4. State has preferred Government Appeal No. 53 of 2019,

    against the judgment and order dated 29.09.2018, passed in Sessions
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    Trial No. 335A of 2008, State Vs. Susheel, by the court of Additional

    Sessions Judge, Laksar, District Haridwar. By it, the respondent

    Susheel has been acquitted of the charge under Sections 302 read

    with 34, 307 read with 34, 302 read with 120-B and 504 IPC.

    5. Facts necessary to appreciate the controversy, briefly

    stated, are as follows. On 08.05.2008, at 07.45 in the morning, PW1

    Atul lodged an FIR at Police Station Kotwali Laksar, District Haridwar.

    According to it, in the month of July, 2005, his father was killed and

    in that matter, Vimla Devi, the grand-mother of PW1 Atul had lodged

    a report against Gyan Singh, Punjab and Susheel. Two persons in that

    matter were not known. Those names came into light subsequently.

    These named persons were pressurizing PW1 Atul and his family

    members so as to compromise the case. A few months before the

    incident, the respondent Susheel had threatened Vimla Devi to life in

    case compromise is not done. On 08.05.2008, when PW1 Atul, PW2

    Ashish Kumar and their grand-mother were proceeding on a

    motorcycle, they were followed by Gyan Singh and Punjab Singh of

    their village, on one motor cycle and by Dilshad and Irshad (of

    Mangalore) and another person in another motor cycle. They opened

    fire, due to which, Vimla Devi died on the spot. PW1 Atul also

    sustained injuries. They somehow managed to escape, but they were

    chased by the accused, who further opened fire on them. Based on

    this FIR, Case Crime No. 125 of 2008, under Sections 147, 148, 149,

    307, 302, 506, 34 IPC was lodged against the named persons i.e. Gyan

    Singh, Punjab Singh, Dishad, Irshad and Susheel, and investigation

    proceeded in the case.

    6. The prosecution case, took a sudden turn. On 09.05.2008,

    when PW1 Atul was interrogated by the Investigating Officer (“IO”), he
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    said that the assailants were some other persons, whom he could

    identify by their faces, but he does not know their names. Again, on

    18.05.2008, it is PW1 Atul, who according to the prosecution informed

    the police about the presence of the appellant Praveen Balmiki and

    others. The police proceeded at the spot and noticed a Pulsar

    motorcycle approaching them from the opposite side. The motorcycle

    rider sensing fear took a turn and in that process he fell down. The

    pillion riders, who were two in number, managed to escape, but

    appellant Praveen Balmiki was apprehended and from his possession,

    a country-made pistol and cartridges were recovered. He revealed that

    the persons who managed to escape were the appellant Narendra and

    one Amit @ Sonu. At the spot only, the recovery memo Ex. A11 was

    prepared.

    7. According to the prosecution, the appellant Praveen

    Balmiki confessed his guilt and said that at the behest of the

    respondent Susheel, he alongwith the appellant Narendra and one

    Amit killed Vimla Devi on 08.05.2008 and the appellant Pappu was

    also part of the plot, who helped them. His confession was allegedly

    recorded, which is Ex. A13. Further, at the instance of the appellant

    Praveen Balmiki, on the same day, two cartridge cases were also

    recovered, of which recovery memo Ex. A15 was also prepared. Based

    on the confessions, according to the prosecution, the appellant Pappu

    Gujjar was also apprehended and from his possession also, a country-

    made pistol was recovered, of which recovery memo is Ex. A17. On

    29.06.2008, as per prosecution, the appellant Narendra was also

    apprehended and from his possession, a country-made pistol was

    recovered of which, recovery memo Ex. A 20 was prepared and at the

    instance of the appellant Narendra, two cartridge cases were also

    recovered of which recovery memo Ex. A21 was further prepared. The
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    IO prepared the site plan of the place of incident, which is Ex. A12.

    Site plans pertaining to the recoveries of firearms, cartridges and

    cartridge cases were separately proved, which are Exs. A22, A23, A24,

    A25 and A26.

    8. After investigation, charge sheet was submitted against all

    the appellants and respondent Susheel, which was the basis of

    Sessions Trial No. 335 of 2008. Separate charge sheet was submitted

    under Section 25 of the Arms Act, against the appellant Praveen

    Balmiki, which is the basis of Sessions Trial No. 336 of 2008. Both

    these Sessions Trials were tried together, but at the stage of recording

    statements under Section 313 of the Code of Criminal Procedure, 1973

    (“the Code”) on 27.11.2014, the appellant Susheel remained absent.

    Therefore, his trial was separated. Sessions Trial Nos. 335 of 2008 and

    336 of 2008 were decided on 18.12.2014 by the court of Additional

    District and Sessions Judge, Laksar, Haridwar, by which the

    appellants Praveen, Narendra and Pappu Gujjar were convicted and

    sentenced as stated hereinbefore. The appellant Praveen Balmiki was

    also convicted and sentenced under Section 25 of the Arms Act. The

    appellants have challenged it before the court.

    9. In the separate trial against the respondent Susheel,

    which was registered as Sessions Trial No. 335A of 2008, State v.

    Susheel, in the court of Additional Sessions Judge, Laksar, District

    Haridwar, judgment was delivered on 29.09.2018 and he was

    acquitted of the charge under Sections 302 read with 34, 307 read

    with 34, 302 read with 120B and 504 IPC. State has chosen to prefer

    an appeal against the acquittal of the respondent Susheel.
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    10. In order to prove its case, the prosecution examined ten

    witnesses, namely, PW1 Atul, PW2 Ashish Kumar, PW3 Arun Kumar, PW4

    Om Pal, PW5 Dr. Mange Ram Malik, PW6 Dr. Anil Kumar Verma, PW7 Sub

    Inspector, Rakesh Chand Bhatt, PW8 Jaipal Singh, PW9 Kaushal and

    PW10 Inspector, B.S. Chauhan. In their defence, the appellants got

    examined Bobby as DW 1.

    11. After prosecution evidence, the appellants and respondent

    Susheel were examined under Section 313 of the Code. According to

    them, they have been falsely implicated. They did not commit any

    offence.

    12. After hearing the parties, by the impugned judgment and

    order dated 18.12.2014 passed in Sessions Trial Nos. 335 and 336 of

    2008, the appellants Praveen Balmiki, Pappu Gujjar and Narendra

    have been convicted and sentenced, as stated hereinbefore, which is

    impugned before this Court. Respondent Susheel has been acquitted

    on 29.09.2018, by the impugned judgment and order passed in

    Sessions Trial No. 335A of 2008 by the court of Additional District and

    Sessions Judge, Laksar, Haridwar. State has challenged the acquittal.

    It may be noted that prosecution evidence in Sessions Trial Nos. 335,

    336 and 335A of 2008 is one and the same.

    13. Heard learned counsel for the parties and perused the

    record.

    14. Learned counsel for the appellant Praveen Balmiki

    submits that entire prosecution case is false. There are five named

    persons in the FIR, who were known to PW1 Atul, the informant. They

    were not proceeded with, instead the appellants have been roped in
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    the case without any basis. He submit that if PW1 Atul knew the

    named persons how could his subsequent statement be held reliable

    by which he has named the appellants and the respondent Susheel as

    the assailants who shot his grand-mother dead on 08.05.2008 and in

    the incident he was also injured. He also raised the following points in

    his submissions:-

    (i) There was no blood on the clothes of the deceased

    or any of the witnesses which doubts the

    prosecution case.

    (ii) The injuries on the person of the deceased are on

    her left side, whereas, according to the prosecution

    case, the fire was shot from the right side of the

    deceased when she was going on the motorcycle. It

    is argued that it also doubts the prosecution case.

    (iii) Appellant Praveen Balmiki was arrested on

    10.05.2008. He was kept in the lockup. His family

    members did lodge report also and then he was

    falsely shown to have been arrested on 18.05.2008

    with a country-made pistol, etc.

    15. Learned counsel for the appellant Narendra submits that

    he has been implicated merely based on confession made by the

    appellant Praveen Balmiki. The recovery has been falsely shown on

    him. Even he has not been charged with offence under Section 25 of

    the Arms Act. He has not been convicted thereunder. Referring to the

    statement of PW10 Inspector, B.S. Chauhan, learned counsel submits

    that according to the IO, PW1 Atul and PW2 Ashish Kumar did not

    name the appellant Narendra. It was revealed to him, by one Sansar,

    but that Sansar has not been examined as a witness. No test

    identification parade was done. Hence, it is argued that the
    9

    prosecution has not been able to prove its case beyond reasonable

    doubt.

    16. Learned counsel appearing for the appellant Pappu Gujjar

    submits that there is no evidence against the appellant Pappu Gujjar.

    A country-made pistol has been shown to have been recovered from

    him on 24.05.2008, but the appellant Pappu Gujjar has not been

    charged for the offence under Section 25 of the Arms Act. He submits

    that there is no evidence against him.

    17. Learned State counsel submits that the acquittal of the

    respondent Susheel in Sessions Trial No. 335A of 2008 is bad in the

    eyes of law. He submits that in the case of killing of the father of PW1

    Atul, the respondent Susheel was an accused. He was in jail. He was

    extending threats to the family members of PW1 Atul and PW2 Ashish

    Kumar. Witnesses have stated about it. There have been call details

    which have been noted by PW10 B.S. Chauhan, IO, which proves that

    they wanted to eliminate Vimla Devi, the grand-mother of PW1 Atul.

    He submits that the co-accused had confessed their guilt.

    18. Learned counsel for the respondent Susheel submits that

    there is no evidence against the respondent Susheel.

    19. Before the arguments are appreciated, it would be apt to

    examine as to what the witnesses have stated. PW1 Atul is the

    informant. He is an alleged eyewitness of the incident. According to

    him, on 08.05.2008 at 6:30 in the morning, he alongwith PW2 Ashish

    Kumar, his brother and his grand-mother Late Smt. Vimla Devi were

    proceeding towards court in order to give evidence in the case of killing

    of his father. When they came outside the village, the appellants

    Praveen Balmiki, Narendra and one Amit Goswami met them on a

    motorcycle. But, this witness did not give any
    10

    attention to them and they proceeded further. When they reached near

    Kharanja Kutubpur graveyard, the appellants Praveen Balmiki and

    Narendra alongwith Amit Goswami approached them from behind,

    abused them and suddenly opened fire at his grand-mother, due to

    which she was hit on her stomach. All these three assailants ran away

    from the spot. This witness tried to turn his motorcycle back to the

    village, but it fell down. Meanwhile, the appellants Praveen Balmiki

    and Narendra alongwith Amit Goswami returned and again opened

    fire, which hit on the head of the deceased Vimla Devi and she died on

    the spot. According to this witness, he could identify the registration

    number of the motorcycle which is UP17-9155. This witness has

    proved the FIR, which is Ex. A1. According to him, after the incident,

    the police had reached at the spot and had sent the dead body for post

    mortem. This witness did sustain injury. He was examined at the

    Government Hospital.

    20. PW2 Ashish Kumar has also corroborated the statement

    of PW1 Atul. They both are brothers.

    21. PW3 Arun Kumar and PW4 Om Pal are witnesses of

    inquest.

    22. PW5 Dr. Mange Ram Malik conducted post mortem of the

    deceased Vimla Devi on 08.05.2008 at JNSM Government Hospital,

    Roorkee. According to him, following injuries were detected on the

    person of the deceased:-

    “(i) Firearm wound of entry 3.0 cm x 2.0 cm x brain cavity deep on
    left side head, 3.0 cm above left ear margins lacerated and
    inverted abrasion color present. Underlying skull bone
    fractured, no blackening or tattooing seen.

    (ii) Lacerated wound 20.0 cm x 16.0 cm x brain cavity deep over
    whole of right side head just above right ear, over right side
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    forehead and right side face. Underlying skull bones both
    peritals, right temporal occipital frontal, maxilla, right
    zygomatic, right mandible are fractured and fragmented soft
    tissue bulging out. Brain matter badly lacerated and most of
    brain matter lost. Right eyeball lost. Clotted blood present.

    Margins everted. No blackening and tattooing seen.
    Communicating to injury no. 1.

    (iii) Lacerated wound 1.5 cm. x 1.5 cm x chest cavity deep on left
    side back, 12.0 cm below left scapula, lower angle, margins
    inverted, abrasion color present, clotted blood present (wound
    of entry).

    (iv) Firearm wound of exit 5.0 cm. x 3.5 cm x chest cavity deep
    over right side chest on anterior axillary fold. Margins everted,
    on dissection track passing through lung, base of heart and
    left lung, communicating to injury no. 3. Margins lacerated. No
    blackening or tattooing present. Clotted blood present.

    (v) Lacerated would 1.5 cm x 1.0 cm. x bone deep over left side
    back, 1.0 cm medial to injury no. 3, on dissection one metallic
    piece recovered from wound which is sealed and sent to SSP,
    Haridwar. No blackening or tattooing seen. (Wound of Entry)
    abrasion, color present. Clotted blood present.”

    23. This witness has proved the post mortem report which is

    Ex. A2. According to him, the cause of death was due to shock and

    hemorrhage as a result of ante mortem injuries. He also tells that at

    the time of post mortem, a metal piece was also detected from the

    dead body which was handed over to Constables Jagdish and Satpal.

    24. PW6 Dr. Anil Kumar Verma examined PW1 Atul on the

    date of incident i.e. 08.05.2008 at 8:00 p.m. and found the following

    injuries:-

    ” (i) A lacerated wound single entry wound is present on the right

    elbow joint measuring 4cm x 2 cm x oval shape wound lateral

    aspect situated x fresh bleeding x blackening edges x tattooing

    x charring x advised x-ray right elbow joint AP & lateral x

    swelling. No exit wound is present.

    12

    (ii) Multiple abrasions are present on the right forearm x just

    below the injury no.(1) measuring 16 cm x 11 cm in an area of

    x tattooing x charring x fresh.”

    He has proved injury report Ex. A3 as well as the

    supplementary report Ex. A4.

    25. PW7 Sub Inspector, Rakesh Chand Bhatt is the person

    who upon information having been received reached at the spot. He

    prepared the inquest report Ex. A5. He also prepared various other

    documents for the purpose of forwarding the dead body for post

    mortem. According to him, on 18.05.2008, the appellant Praveen

    Balmiki was arrested and from his possession, a country-made pistol

    and two cartridges of 3.15 bore have also been recovered. He has

    proved the recovery memo Ex. A11. According to this witness, the

    appellant Praveen Balmiki also got recovered two cartridge cases of

    which recovery memo was also prepared. This witness has also stated

    that on 24.05.2008, the appellant Pappu Gujjar was arrested and at

    his instance, a country-made pistol was also recovered. PW7 Sub

    Inspector, Rakesh Chand Bhatt is also the witness of recovery made at

    the instance of the appellant Narendra on 29.06.2008. He has also

    stated about it. He has also proved all those articles Ex. 1 to Ex. 21.

    26. PW8 Jaipal Singh is the brother of the deceased Vimla

    Devi. He has stated that once in the court, the appellant Susheel had

    threatened him to life in case he does pairvi in the case of killing of the

    father of PW1 Atul. He is also a witness of recovery of plain and blood

    stained soil on 08.05.2008. This witness has stated about the recovery

    memo also.

    27. PW9 Kaushal has stated about the relationship between

    the parties. According to her, the appellant Susheel was threatening to
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    the family for compromising the case relating to the murder of the

    father of PW1 Atul. She has also stated that, in fact, the appellant

    Pappu Gujjar had also extended threat two or three times. She is not

    an eyewitness.

    28. PW10 Inspector, B.S. Chauhan is the IO. According to

    him, after the incident on 09.05.2008, PW1 Atul was interrogated by

    him, but he said that the persons other than named in the FIR did

    commit the offence. He said that those assailants were spotted in the

    village with the appellant Pappu Gujjar. According to PW10 Inspector,

    B.S. Chauhan, on 18.05.2008, it is the PW1 Atul, who telephonically

    informed the police and thereafter, the appellant Praveen Balmiki was

    arrested and from his possession, a country-made pistol, cartridges

    and cartridge case were recovered. He proved those recovery memos.

    This witness has also stated about the arrest of the appellant Pappu

    Gujjar and the recovery made from him. He has proved the recovery

    memo of a country-made pistol from the appellant Pappu Gujjar.

    According to PW10 Inspector, B.S. Chauhan, the appellant Narendra

    had gone to jail in some other case. He was taken on remand and at

    his instance, a country-made pistol was recovered of which recovery

    memo Ex. A20 was also prepared by this witness. This witness has

    also stated that, in fact, the appellant Narendra had also got recovered

    two cartridge cases of which recovery memo Ex. A21 was prepared.

    This witness has investigated the matter and prepared site plans with

    regard to the recovery of country-made pistol, cartridges and cartridge

    cases which are Ex. A22 to Ex. A26. According to him, the telephone

    call records of the appellants Susheel, Pappu Gujjar and Narendra

    reveal that they were talking to each other on multiple occasions prior

    to the incident and on the date of incident as well. This witness has

    proved the charge sheet and had also identified the handwriting of the
    14

    writer of the chik FIR and the extract of the General Diary entry, which

    he proved as Ex. A28 and Ex. A29.

    29. DW1 Bobby has stated that on 10.05.2018, the Police

    from Gangnahar took the appellant Praveen Balmiki and one other

    person alongwith them. Police committed atrocities with them of which

    report was given to the authorities. He has proved certain documents.

    30. According to the FIR, the incident took place in the

    morning of 08.05.2008, when PW1 Atul and PW 2 Ashish Kumar were

    proceeding on a motorcycle alongwith their grand-mother to attend the

    proceedings of the court. There were five persons in two motorcycles.

    According to the FIR, they opened fire, due to which, Vimla Devi died.

    Those five persons are named in the FIR. They are Gyan Singh, Punjab

    Singh (both belonging to same village that of PW 1 Atul), Dilshad and

    Irshad (the residents of Manglore) and one more person. According to

    the FIR, there were two motorcycles, in which, five persons were

    riding. Four were named. It may be noted that the FIR was lodged at

    07:45 a.m. on the date of incident. PW1 Atul has stated that the

    incident took place at 06:30 in the morning. FIR is prompt. Those

    named persons have not been charge sheeted. According to PW10

    Inspector, B.S. Chauhan, the IO, on the next date of incident, PW1

    Atul had disowned the FIR to the extent of the names of the assailants

    and then, in a subsequent statement, according to PW10 Inspector,

    B.S. Chauhan, the informant PW1 Atul had said that three persons on

    a Pulsar motorcycle did commit the offence. This is a very wavering

    statement. Why is it so? If it is not sufficiently explained, it is fatal to

    the prosecution.

    31. According to the FIR, there was acrimony between Gyan

    Singh, Punjab Singh, Dilshad and Irshad on one hand and the family
    15

    members of PW1 Atul and PW2 Ashish Kumar on the other hand. The

    reason for it is that the father of PW1 Atul and PW2 Ashish Kumar

    was killed in the month of July, 2005 and in which case, these

    persons were accused and with them the respondent Susheel was also

    an accused. They were threatening to PW1 Atul and PW2 Ashish

    Kumar and their family members to compromise the murder case.

    They were extending threats, which means that PW1 Atul and PW 2

    Ashish Kumar knew these four persons Gyan Singh, Punjab Singh,

    Dilshad and Irshad.

    32. PW1 Atul in his cross examination at page 4, has stated

    that in the killing of his father, Gyan Singh, Punjab Singh, Susheel

    and others were accused and all those accused would appear on the

    date of hearing of the murder case of his father. He has named

    Dilshad and Irshad as the persons, who were accused in the case, who

    would come from jail. Does not it mean that PW1 Atul had reason to

    identify the killers of his father? It is the case in the FIR that those

    persons were extending threats and they did commit offence. PW1 Atul

    was appearing in the court proceedings in the murder case of his

    father where Gyan Singh, Punjab Singh, Dishad and Irshad were

    accused. They were appearing in the court. It further means at least

    by their faces, PW1 Atul knew them and they were named in the FIR.

    What made PW1 Atul to change the names of the assailants? As per

    the FIR, there were two motorcycles and subsequently, as per the

    changed statement of PW 1 Atul, there was only one motorcycle and

    three persons on it, who committed the offence.

    33. In page 5 of his statement, PW1 Atul says that Praveen

    Balmiki and Narendra were in the police station where this witness

    was called and police had introduced their names to this witness. This

    procedure is quite unknown in the criminal law. If a person was not
    16

    identified by the witness, perhaps to establish the identity, test

    identification parades are done so as to eliminate any error in the

    matter of identification, particularly, where the assailants are

    unknown. Although, as stated, as per FIR, the assailants were quite

    known to PW1 Atul and PW2 Ashish Kumar. They were killers of their

    father. They were extending threats to compromise that murder case.

    In page 7 of his statement, PW1 Atul admits that he had named

    Pappu, Susheel, Dilshad and Irshad as the assailants, but it is not

    correct because the names of the assailants were Gyan Singh, Punjab

    Singh, Dilshad and Irshad. Pappu and Susheel are not named as

    such, as the killers of Vimla Devi.

    34. PW2 Ashish Kumar is not the informant. He has not

    lodged the FIR. But, he named only three persons as the killer of his

    grand-mother, who according to him, came on a Pulsar motorcycle.

    According to him, they are the appellant Praveen Balmiki, appellant

    Narendra and one Amit Goswami. According to the prosecution, PW2

    Ashish Kumar was alongwith PW1 Atul and his grand-mother, when

    the incident took place. Soon thereafter, FIR was lodged. Gyan Singh

    and Punjab Singh are named in it and they both are his neighbours.

    PW2 Ashish Kumar has admitted it in the first paragraph of his cross

    examination where he says that adjoining his house, there is a house

    of Bijendra, thereafter, house of Tej Pal and thereafter, house of Pappu

    Gujjar and house of Punjab Singh is situated in the outer side of the

    village, which is 300-400 meters away from his house. He also states

    about the location of the house of the Gyan Singh. They were villagers.

    Which means PW2 Ashish Kumar also knew Gyan Singh and Punjab

    Singh. They were known to him. They were his neighbours. They were

    named in the FIR. But subsequently, the assailants have been

    replaced. It doubts the credibility of the FIR and credibility of the
    17

    statements of the PW1 Atul and PW2 Ashish Kumar. Their statements

    are not reliable.

    35. At the cost of repetition, it may be reiterated that the

    reasons for not believing the testimonies of PW1 Atul and PW2 Ashish

    Kumar are as follows:-

    (i) According to the FIR, the assailants came in two

    motorcycles, whereas, subsequently, in their

    deposition in the court they say that three persons

    came in one motorcycle.

    (ii) In the FIR, the registration number of the

    motorcycle is not given, whereas in the testimony,

    the witnesses gave the details of the motorcycle

    registration number also.

    (iii) As per FIR, there were five assailants, four of whom,

    were known to PW1 Atul and PW2 Ashish Kumar

    because they were also the killers of their father in

    the month of July, 2005 and of which, a case was

    pending in the court.

    (iv) There was no chance of error of identification of the

    assailants if they were known to PW1 Atul and PW2

    Ashish Kumar. Suddenly, names of three persons

    have been taken. Why? It is not clear.

    36. Therefore, we are of the view that the statements of PW1

    Atul and PW2 Ashish Kumar cannot be a basis for conviction. Except

    it, there is confession of the appellant Praveen Balmiki only. A

    confession before the Police Officer may not be an admissible evidence.

    According to the prosecution, recoveries of firearms were also made

    from the appellants Praveen Balmiki, Pappu Gujjar and Narendra.
    18

    Those recovery memos have been proved alongwith articles recovered.

    But, it is admitted at Bar that except the appellant Praveen Balmiki,

    none of the appellants has been charged under Section 25 of the

    Arms Act. The court below has recorded conviction against the

    appellant Praveen Balmiki for the offence under Section 25 of the

    Arms Act, but this conviction is bad in the eyes of law because the

    sanction under Section 39 of the Arms Act has not been proved.

    37. In view of the foregoing discussion, we are of the view that

    prosecution has utterly failed to prove its case beyond reasonable

    doubt, insofar as, the case against appellants Praveen Balmiki and

    Narendra is concerned. Accordingly, the appellants Praveen Balmiki

    and Narendra deserve to be acquitted of the charge.

    38. Insofar as, the case against the appellants Pappu Gujjar

    and Susheel is concerned, PW1 Atul, PW2 Ashish Kumar, PW8 Jaipal

    Singh, PW9 Kaushal and PW10 Inspector, B.S. Chauhan have stated

    that they have extended threats to compromise the case and

    particularly stated that the appellant Susheel was extending threats.

    How could it be connected with the offence under Section 120B IPC

    and common intention? When was threat extended? What kind of

    threat was extended? Nothing has been explained.

    39. PW10 Inspector, B.S. Chauhan has stated that, in fact,

    respondent Susheel, appellants Praveen Balmiki, Narendra and others

    were talking with each other over telephone. From which telephone

    numbers these appellants were talking to each other? To whom did

    those telephone numbers belong to? Where are those call details? It
    19

    has not been proved. Where is that electronic evidence? That has not

    been proved.

    40. Mere statements in such matters may not prove the facts

    stated. In fact, insofar as, the case of appellants Pappu Gujjar and the

    respondent Susheel are concerned, it is a no evidence case and the

    appellant Pappu Gujjar and respondent Susheel are also liable to be

    acquitted of the charge.

    41. In view of the foregoing discussions, this Court is of the

    view that Criminal Appeal No. 24 of 2015, Criminal Appeal No. 25 of

    2015, Criminal Appeal No. 43 of 2015 and Criminal Appeal No. 44 of

    2015 deserves to be allowed. But, Government appeal No. 53 of 2019

    deserves to be dismissed.

    42. Criminal Appeal No. 24 of 2015, Criminal Appeal No. 25 of

    2015, Criminal Appeal No. 43 of 2015 and Criminal Appeal No. 44 of

    2015 are allowed. The judgment and order dated 18.12.2014 passed in

    Sessions Trial No. 335 of 2008, State v. Praveen and others, as well as

    Sessions Trial No. 336 of 2008, State v. Praveen Balmiki by the court

    of Additional District and Sessions Judge, Laksar, District Haridwar

    are set aside. The appellants Narendra, Pappu Gujjar and Praveen

    Balmiki are acquitted of the charge under Sections 302 read with 34,

    307 read with 34, 302 read with 120B & 504 IPC. The appellant

    Praveen Balmiki is also acquitted of the charge under Section 25 of the

    Arms Act.

    43. Government Appeal No. 53 of 2019, State of Uttarakhand

    v. Susheel is dismissed. The judgment and order dated 29.09.2018,

    passed in Sessions Trial No. 335A of 2008, State Vs. Susheel, by the
    20

    court of Additional Sessions Judge, Laksar, District Haridwar is

    affirmed.

    44. Appellant Narendra and Pappu Gujjar are on bail. They

    need not surrender. Their bail bonds are cancelled and the sureties

    are discharged of their liability.

    45. The appellant Praveen Balmiki is in jail. Let he be set free

    forthwith, if not wanted in any other case.

    46. The appellants Narendra, Pappu Gujjar and Praveen

    Balmiki shall furnish a personal bond and two reliable sureties, to the

    satisfaction of the court concerned, within a period of one month from

    today, in terms of Section 437 A of the Code.

    47. Let a copy of this judgment be sent to learned court below

    along with the original records.

     (Siddhartha Sah, J.)                         (Ravindra Maithani, J.)
                                 08.04.2026
    Jitendra
     



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