MAHABIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of CRA-S-1825-SB-2004 and CRA-S-433-SB-2005, as both the appeals are interconnected and are arising out of the same judgment of conviction dtd. 13/8/2004 and order of sentence dtd. 14/8/2004. However, for the sake of brevity, facts are being extracted from CRA-S-1825-SB-2004.

(2.) CRA-S-1825-SB-2004 has been filed by appellants namely; (1) Mahabir, (2) Gian @ Giani, and (3) Gurdas, and CRA-S-433-SB-2005, has been filed by appellant - Shyam Lal against the judgment of conviction dtd. 13/8/2004 and order of sentence dtd. 14/8/2004, passed by the Ld. Additional Sessions Judge, Panchkula, in Sessions Case No. 26 of 12/11/2003, arising out of FIR No.164, dtd. 6/8/2003, under Ss. 399, 402 of IPC, registered at Police Station Kalka. Accused-appellants were held guilty for commission of offences punishable under Ss. 399 and 402 of IPC, and were ordered to undergo sentence(s), as detailed in the following table: <FRM>JUDGEMENT_82_LAWS(P&H)3_2023_1.html</FRM>

(3.) Facts emerging from First Information Report (F.I.R.) are that "on the night of 5/6/8/2003, SI-Surjit Kumar, Incharge CIA Staff alongwith other police officials, was on patrolling in the area of railway crossing, Kalka road. There, he received a secret information to the effect that the accused had assembled in the area of Mehtab Majra near the river in jhuggi alongwith weapons of offence, for the purpose of committing dacoity having made preparation for doing so and if a raid was conducted, they could be caught red handed. Believing the information, SI- Surjit Kumar formed three raiding parties. One raid party was headed by ASI-Jai Pal Singh, second one by ASI-Mahi Pal Singh and third one was headed by SI- Surjit Kumar himself. After reaching the spot, SI- Surjit Kumar found that there was a jhuggi on the Paploha road about 20 paces away on the southern side and a candle was lit in the said jhuggi. SI Surjit Kumar and ASI- Mahi Pal Singh went near the jhuggi and saw that five young persons were sitting inside the jhuggi in the candle light and they were planning to commit dacoity. One of the said persons said that they would commit dacoity on that night in the kothis situated outside village Kanguwal. One other young person said that Shyam Lal accused and Gurdas accused will patrol the area from outside and he himself alongwith accused-Gian @ Giani and accused- Manga would enter the kothi and commit looting. After hearing this, SI- Surjit Kumar and ASI-Mahi Pal raised lalkara to the accused challenging them that they had been rounded up by the police from all corners and they should surrender alongwith their weapons and if somebody tried to flee, he shall face the consequences. On hearing this, all the accused persons sitting in the jhuggi tried to run away. Out of them, four persons were arrested and one person succeeded to run away under the cover of darkness. The names and addresses etc. of the four arrested persons were inquired and they were arrested. The accused persons further disclosed that the boy, who had escaped and run away, was Mangal @ Manga son of Sant Ram, resident of Bangla Colony, Ratpur, Pinjore. An iron rod was recovered the possession of accused- Mahabir, an iron rod was recovered from the possession of accused Giani @ Gian, a danda eucalyptus was recovered from the possession of accused Shyam Lal and a dada eucalyptus was recovered from the possession of accused- Gurdas. The same were taken into police possession vide different recovery memos Ex.PB, Ex.PC, Ex.PD and Ex.PE. " Thereafter, at 12:10 A.M. on 6/8/2003, SI - Surjit Kumar sent a rukka (Ex.PA), which was converted into the formal FIR (Ex.PA/1).