RAJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Rajender has filed CRA-S-582-SB of 2008, appellant Vinod Kumar has filed CRA-S-3132-SB of 2009, appellant Krishan has filed CRA-S-343-SB of 2008 and appellant Sukhvinder @ Sokhi has filed CRA-S-546-SB of 2008, challenging the conviction and sentence recorded by the trial Court for the offences under Section 148, 149, 307, 333 and 353 read with Section 149 of the Indian Penal Code and Section 25(1B)(a) of the Arms Act. The maximum sentence imposed upon them is 10 years' rigorous imprisonment.

(2.) It is the case of the prosecution that on the basis of a secret information received by Head Constable Narender, the police party proceeded towards the Canal Rest House of village Silana.

(3.) They found that these accused appellants along with accused Anil having besieged the rest house, started raiding it. On sudden appearance of the police party, all the accused opened fire directly at the police party. Head Constable Kaptan challenged them and chased one of the accused who was holding a Self Loading Rifle (SLR) and at that point of time, accused Anil shot at Kaptan from his country made pistol which hit the abdomen of Kaptan. All the accused fled away from the scene of occurrence. Accused Krishan and Rajinder were arrested at the spot while others managed to flee away.