MIHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed by Mihan Singh son of Santu Ram. He was nominated as an accused in case FIR No.314 dated 30.8.1997, registered at Police Station Uchana, District Jind, under Sections 332, 333, 353, 186, 109, 506, 427 IPC. The above stated FIR was investigated and report under Section 173 Cr.P.C. was submitted. The case was committed to the Court of Sessions and was entrusted for trial to Additional Sessions Judge, Jind who, vide impugned judgment dated 14.8.2001, held the appellant guilty of offence under Sections 332, 333, 353, 427 and 506 IPC and vide a separate order of even date, sentenced the appellant as under:- <FRM>JUDGEMENT_235_LAWS(P&H)2_2012(1).html</FRM>

(2.) Present appeal is directed against the impugned judgment and order of sentence.

(3.) Briefly stated, case of the prosecution is that on 30.8.1997, ASI Raj Kumar along with other police officials was present in village Uchana Khurd on patrol duty. He was accompanied by Constable Rajender Singh PW5 and Constable Vijender Singh PW4. The police party headed by ASI Kali Ram reached village Uchana. Kali Ram was entrusted with an application submitted by Dhupa son of Sadhu. ASI Raj Kumar, HC Azad Singh, Constable Rajender Singh also accompanied ASI Kali Ram at his request to raid the houses of the accused persons named in the complaint, viz, Raja son of Basau, Basau son of Badau, and Pala son of Basau. The police party reached at the house of Pala and Basau and they were found present there. They were directed by the police party to accompany them.