AMARJEET SINGH @ BABLOO Vs. STATE

JUDGEMENT

(1.) Amarjeet Singh @ Babloo impugns the judgment dated 14.01.2000 in Sessions Case No.70/1998 arising out of FIR No.360/1998 registered at Police Station Model Town by which he was held guilty for committing offences punishable under Section 307 IPC and 27 of the Arms Act. Vide order on sentence dated 18.01.2000, he was to undergo RI for three years with fine Rs. 2,000/-.

(2.) Allegations against the accused were that on 12.07.1998 at about 08.05 P.M. at Bara Park, Model Town, he voluntarily fired at the police party consisting of Inspector Suminder Pal Tyagi, SI Satender Kumar, Constable Rajesh Kumar and Constable Amit Kumar. Secret information with the police was that the accused would come at 07.00 P.M. at Bara Park, Model Town to meet his associate members of Nazim Gang. Raiding party was organized and the police party went to spot and organized 'Nakabandi'. At about 07.15 P.M. the accused came on scooter bearing No. DL-ISC9933, parked it near the gate of the park and he sat over it. Nobody came to meet him till 08.00 P.M. Thereafter, the accused started the scooter and moved towards Mall Road. When signaled to stop, he abandoned the scooter in running condition and started fleeing the spot.

(3.) Learned counsel for the appellant urged that the Trial Court did not appreciate the evidence in its true and proper perspective. PW-2 (Sanjay Kumar), an independent witness, turned hostile and did not support the prosecution case. Material discrepancies and contradictions which emerged in the statements of the police witnesses were ignored by the Trial Court. Learned Additional Public Prosecutor urged that there are no good reasons to disbelieve the statement of the police witnesses who were having no animosity with the accused prior to his arrest. Ballistic report (Ex.PW-9/A) corroborates the ocular testimony of the police witnesses.