RAJ KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this common judgment, I intend to dispose of two criminal appeals bearing No. S-1066-SB of 2000 titled as, "Raj Kumar vs. State of Punjab" and No. S-1069-SB of 2000 titled as, "Raj Kumar and another vs. State of Punjab", as the same have arisen out of the same occurrence. However, for convenience, the facts are being taken from CRA No. S-1069-SB of 2000.

(2.) Briefly stated the case of prosecution is that on 05.05.1995, Inspector Shamsher Singh along with other police officials including SI Kashmira Singh was holding nakabandi under the supervision of DSP Manmohan Singh and also checking, at T. Point, Ganda Nala, Transport Nagar, Ludhiana. At about 4.30 AM, one Maruti car came from the side of Cheema Chowk. The car was signaled to stop with the torch light. They immediately stopped the car and started firing in order to kill the police officials. Inspector Shamsher Singh gave directions to the police party to fire in their defence. The fire continued for five minutes. After that, one accused said that they are ready to surrender before the police. One accused was standing near the front window on the left side of the car and the other accused was standing at the back door of the right side. Both the accused were having their hands in upward direction. The third accused, who was driving the car, escaped due to darkness and after firing on the police party. Later on, he was traced out. The accused were arrested and investigation was carried out. After completion of investigation, challan against the accused was presented in Court.

(3.) On presentation of challan, copies of same were supplied to the accused free of costs, as envisaged under Section 207 Cr.P.C.