PRATHAM SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Amir Singh SI/SHO, Police Station Hodal on 19.8.1998 was present in the area of Village Bhulwana near Ganesh Bhatta when he received a secret information that huge quantity of liquor loaded in a truck bearing registration No.HR-29-6421 was being carried from Kosi (U.P.). On receipt of the message, accompanied by various police officials, the Investigating Officer in a Government vehicle proceeded towards the spot and on G.T. Road near Manish Bhatta, a truck bearing registration No.HR- 29-6421 was spotted. An attempt was made to apprehend the truck on the road from Hodal to Kosi in front of Dharambir Hotel. The truck driver with an intention to kill the police officials and to run away from the spot along with the truck, hit the truck with PCR Jeep No.HR-51A-7557 from its driver side. After hitting the jeep, the truck stopped at the spot. The jeep was badly damaged. After the truck was stopped, SI/SHO apprehended four persons who were occupants of the truck and four other persons succeeded to run away from the spot. The four persons apprehended at the spot disclosed their names as Brijesh, Bachhu, Sanjay and driver of the truck disclosed his name as Mahesh son of Shankar. They further told that Sohan Singh, Kalyan Singh, Parhlad Singh and Pratham have escaped from the spot. Search of the truck was conducted and 280 plastic bags of liquor were recovered. Each bag contained 200 pouches of liquor and each pouch contained 200 Mls. liquor marka Martin.

(2.) Accused-appellants Pratham and Sohan Singh were arrested on 24.11.2003 and 14.12.2004 respectively. After completion of investigation and other formalities, report under Section 173 Cr.P.C. was submitted against them. Their other five co-accused were tried, convicted and sentenced by a separate judgment and order dated 24/25.9.2002 against which they have come up before this Court by filing a separate appeal viz. Criminal Appeal No.1649-SB of 2002.

(3.) Since according to the prosecution, an attempt was made to commit murderous assault on the police officials, challan was submitted under Section 307 IPC also and hence the case was committed to the Court of Sessions.