STATE Vs. BADRUL AND ORS.

JUDGEMENT

(1.) Crl.M.A No. 10232/2008

(2.) THE petitioner/state has challenged the order dated 27th February, 2008 passed by the Additional Sessions Judge in sessions Case No. 242/2006, 155/2007, 156/2007 & 157/2007 titled as State Vs. Badrul, Milad Sheikh, Akhtar Sheikh and Shaheed Khan, arising out of FIR No. 1061/2003 under Sections 394/397/302/34 of IPC; FIR 1104/2003 under Section 25 Arms Act, 1959, FIR No. 1105/2003, under Section 25 of Arms Act, 1959 and FIR No. 1106/2003 under Section 25 Arms Act, 1959.

(3.) AT the hospital, Rakesh remained unconscious, however, Balbir Singh was in a conscious state and his statement was recorded. The injured Rakesh was removed from SGM Hospital to Maharaja Agarsain Hospital by his relatives, however, he succumbed to his injuries and died on 15th December, 2003 at Maharaja Agarsain Hospital. In the meantime, on 12th December, 2003, the respondents were apprehended while they were allegedly travelling in a TSR bearing DL -1 -RF -5288 during checking at police picket Mundka, Ran Haula Road. At the time of apprehending the respondents, Badrul, Milad Sheikh and Akhtar Sheikh were sitting on the rear seat of the TSR and each was found in possession of a button actuated knife. They were booked under Section 25 of the Arms Act, 1959 and FIRs No. 1104,1105 and 1106/2003 were registered against them. During the course of interrogation, their involvement in the incident of robbing of Balbir and Rakesh also became apparent and another FIR No. 1061/2003 was also registered. According to prosecution, it was disclosed by the respondents that they used to go to different places in the TSR driven by Shaheed Khan in order to commit offences and after committing robberies they used to escape from the scene of crime in the TSR of Shaheed Khan.