SARVJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 10.12.1996 passed by II Additional Sessions Judge, Haridwar in Special Sessions Trial No. 1 of 1993 whereby appellants Sarvjeet Singh and Ghanshyam have been convicted under section 147, 148, 307 read with section 149 I.P.C., and each one of them has been sentenced to rigorous imprisonment for a period of two years under section 147 I.P.C., rigorous imprisonment for a period of three years under section 148 I.P.C. and rigorous imprisonment for a period of ten years under section 307 I.P.C., read with section 149 I.P.C.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) PROSECUTION story in brief is that on 11.01.1992, P.W.9 S.S. Chauhan, Circle Officer, on receiving information that the terrorists are hiding in village Daluwala proceeded with necessary police force to said village. It was around 5:15 P.M., when some 20 -25 miscreants armed with A.K.47, light machine gun, carbines, riffles attacked the police party in which the police retaliated the firing. One unknown terrorist is said to have been killed in the encounter and rest succeeded in fleeing from the village. However, there was no injury on any of the members of the police party. After the incident, Station Officer, Ranipur, Jagdish Singh Chauhan (PW 10) lodged FIR relating to incident which was registered as crime no. 8 of 1992 in respect of offences punishable under section 147, 148, 307/149 IPC against unknown persons. P.W. 12 Sub Inspector Harak Singh, P.W.13 Sub Inspector Hari Prasad and P.W.14 Sub Inspector Harjeet Singh conducted the investigation in the matter, and submitted charge sheet (Ex. A -16) against the accused/appellants Sarvjeet Singh and Ghanshyam and two others namely Mahendra Singh and Aatma Singh.