JAI BHAGWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of Criminal Appeal No. S. 638 -SB of 2003 titled as Jai Bhagwan and another versus State of Haryana and Criminal Appeal No. S. 701 -SB of 2003 titled as Ganga Lal versus State of Haryana as both these appeals have arisen out of the same incident, judgment and order. However, facts are being taken from Criminal Appeal No. S. 638 -SB of 2003 titled as Jai Bhagwan and another versus State of Haryana to avoid any repetition.

(2.) JAI Bhagwan, Naveen and Ganga Lal accused -appellants have directed the present appeals against the judgment dated 25.3.2003 and order dated 26.3.2003 passed by Shri N.L.Pruthi, the then learned Additional Sessions Judge, (Adhoc) Fast Track Court, Faridabad vide which the accused stood convicted under Sections 353, 307, 34 of the Indian Penal Code ( in short the IPC ) and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of three months each under Section 307/34 of the IPC and to further undergo rigorous imprisonment for a period of one year each under Section 353/34 of the IPC. Both the sentences were, however, ordered to be run concurrently. The trial Court acquitted accused Sanjay from the charges levelled against him.

(3.) THE story put forth by the prosecution in brief is that on 6.11.1999 when complainant Kuldeep Singh was DSP Headquarters, Faridabad, (now SP Gurgaon) received a message on wireless set that a red coloured Maruti car had been snatched by two persons on the point of country made pistol from Sector 7, Faridabad. On the basis thereof, he alongwith his gunman and driver left in search of the above said car. When he had reached Mujeri Gurning on Tigaon Road, he was told by the labour working there that two vehicles one car of red colour and one car of white colour had a short while ago left towards village Chandawali. Thereafter, he had gone towards that side and when was present on the Dayalpur T point near Pulia and making enquiries, he had spotted a white coloured Maruti Car bearing registration No. DL -4 -CF -7265 coming from the side of Machhgar with three occupants. On suspicion, he had signaled the driver thereof to stop. Instead of stopping, the driver of the said car excelerated the speed and had the police party not ducked a bit they would have been crushed under that vehicle. He had thereafter given directions to his driver to follow that car. A little while thereafter, the driver of the car took a turn towards kacha eastern side of Chandawali 'Rajvah'. He had made announcement on the mike and also got used hooter requiring the car going ahead of him to stop. Simultaneously, he had also informed local police on wireless set. The warning given by him did not have any effect and the Maruti Car going ahead of him continued running at high speed. When that car had reached near village Mirzapur, there arose either some difficulty on the road or the balance of the car was tilted, as a result of which the car could not go ahead and stopped. By that time, his Gypsy had also reached there. On seeing the police, all the three occupants of the car came out of the vehicle and started running in different directions. He had also been running after one of them while his driver Vijay Kumar and Gunman Ram Pal chased the remaining two. He further stated that the person after whom he was running had fired a shot at him from which he had saved himself by ducking aside. In self -defence he had also fired a shot aiming at the legs of the person running ahead of him but he succeeded in making good his escape. When he had come back to the place where his Gypsy was parked, his gunman had brought with him a person, who had disclosed his name as Ganga Lal. Ganga Lal had told the police that his co -accused was Jai Bhagwan and by that time, his driver Vijay Kumar, who was running after one of the accused came back without any success. SI/SHO Krishan Kumar, who had been informed by him on wireless set had also reached the spot. Tehrir prepared by him was handed over to SI/SHO Krishan Kumar along with Maruti Car which was being used by the accused and sent to the Police Station Balalabgarh for registration of FIR, on the basis of which FIR was recorded by ASI Baney Singh. Personal search of the accused was also conducted. Accused Jai Bhagwan was arrested oin 7.2.2000 whereas accused Sanjay was arrested on 9.2.2000. Accused Naveen was arrested on 16.11.1999. Various proceedings were conducted at the spot. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.