SANJIV KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed by the appellants, namely, Sanjiv Kumar and Manjit Singh, challenging their conviction and sentences recorded by the learned Additional Sessions Judge, Ambala, vide his judgment dated 24.4.2001 and the order of sentence, dated 30.4.2001, whereby the following sentences were passed:- <FRM>JUDGEMENT_999_LAWS(P&H)8_2013_1.html</FRM>

(2.) The brief facts of the case are that on 14.5.1997, at about 2:30 - 3:00 p.m., when the police party headed by SI Harkesh Chand (PW-5) of Police Station, Baldev Nagar, District Ambala, along with Kuldip Chhibber, Assistant Excise and Taxation Officer (PW-3) and other persons was present at Sadhopur Barrier on Chandigarh - Ambala Highway, then a secret information was received by him (PW-5) that the appellants, Sanjiv Kumar and Manjit Singh, were to smuggle liquor from Chandigarh to Haryana in their Car No. DNH-7092 and they would pass through the above said Sadhopur Barrier and if timely raid was conducted, then both of them could be caught red-handed with huge quantity of liquor. The checking at the barrier was intensified. After some time, a Car bearing registration No. DNH- 7092 was seen coming from the Chandigarh side. ASI Kulbhushan (not examined) was also present on the spot and he gave signal to stop the said car. The driver of the car did not obey the signal and tried to hit him. The police official saved himself. Thereafter, Head Constable Krishan Chander (PW-4) also tried to stop the car and he was also attempted to be hit by the car, but he too saved himself. Head Constable Babu Ram, who was also present at the spot, threw an iron drum in front of the car, but in spite of that the car was not stopped and the drum was dragged to some distance and due to obstruction, the car had to stop. Before stopping the car, appellant No. 2, Manjit Singh, who was sitting by the side of the driver, asked appellant No. 1, Sanjiv Kumar, who was driving the car, not to stop the car and to kill whosoever came in front of the car. The car was checked by SI Harkesh Chand (PW-5) and 17 boxes, each containing 12 bottles of Indian Made Foreign Liquor (IMFL) were recovered. One bottle from each box was taken out and a sample was drawn from each of the said bottles. In this manner, only 17 samples were drawn from 17 bottles. The samples and the residue were sealed with the seal "KS" and the seal after its use was returned to Kuldip Chhibber (PW-3), Assistant Excise and Taxation Officer. The appellants were arrested. The car and its documents were taken into possession by the police vide separate recovery memos. Police Memo (Ex. PA) was sent to the police station, on the basis of which SI Darshan Singh (PW-1) recorded the formal first information report (Ex. PA/1), for the offences punishable under Sections 307 and 109, IPC, and Sections 61/1/14 of the Punjab Excise Act. The case property was deposited with HC Rai Singh (PW-2) on the same day. 17 samples were sent to the Assistant Chemical Examiner, Ambala, for analysis. After completion of the investigation, the chargesheet (report under Section 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate, who in turn committed the case to the Court of Session for trial since Section 307, IPC, was exclusively triable by the latter Court.

(3.) The case was entrusted to the board of learned Additional Sessions Judge, Ambala, who found a prima facie case for the offences punishable under Sections 307 and 109, IPC, and Section 61/1/14 of the Punjab Excise Act and the charges were framed accordingly. Both the accused pleaded not guilty and claimed trial.