STATE Vs. SANT KUMAR

JUDGEMENT

(1.) By this judgment we propose to dispose of Criminal Appeal No. 179 of 1996 and Criminal Reference No. 1 of 1996. Both the appeal and reference arise out of the Sessions Case No. 21 of 1994, State vs. Sant Kumar.

(2.) Brief facts necessary to dispose of the appeal and the reference are as follows.

(3.) According to the prosecution Inspector Ram Kishan, incharge of Special Staff, New Delhi Range had a secret information that a gang of criminals hailing from Rajasthan was engaged in illegal trade of supplying opium in Delhi. On 28.4.1992 secret information was received that jeep No. RJP-5326 was scheduled to arrive at Upper Ridge Road, Delhi for transportation of opium. The further prosecution story is that Inspector Ram Kishan informed his superiors about this information and requested R K Jha, Assistant Commissioner of Police (ACP) Headquarter, New Delhi District to join the raiding party. One public witness, Rattan Bahadur Chauhan, resident of Darshanpura, Gandhi Nagar was summoned in the office of Special Staff, New Delhi Range at Preet Vihar and was persuaded to join the raiding party by Inspector Ram Kishan. The raiding party consisting of Inspector Ram Kishan, Sub Inspector S.K. Giri, Assistant Sub Inspector Bakhtawar Singh, Head Constable Yashbir Singh, Constables Narender Singh, Rajeshwar, Suresh Chand, Jagdish Parshad and Partap Singh left for Upper Ridge Road in government vehicle No. DL-1U-2002 driven by driver Constable Baljit Singh. When the raiding party reached Shankar Road round about at about 4.20 p.m ACP R.K.Jha also joined them. A picket was laid near the round about of Mandir Lane and Shankar Road. The jeep No. RJP-5326 as scheduled came from the side of Dhaula Kuan at about 5.30 p.m and took a turn towards Mandir Lane. Besides the driver one person was sitting in the front seat. The jeep was signalled to stop by the police party, but the driver accelerated the speed of the jeep and out of nervousness the jeep dashed against a tree behind the petrol pump, Mandir Lane. Thereafter, the driver ran towards the jungle, but the respondent Sant Kumar who was sitting by the side of the driver seat was overpowered. Shiv Parshad of Village Bharsora in District Jhunjhunu was the driver of the said vehicle. This information was gathered from the documents found in the jeep.