(1.) BY this common judgment, I intend to dispose of Criminal Appeal No. S. 1637 -SB of 2003 titled as Om Bir and another versus State of Haryana ; Criminal Appeal No. S. 1787 -SB of 2003 titled as Jaibir versus State of Haryana and Criminal Appeal No. S. 2042 -SB of 2003 titled as Satbir versus State of Haryana as all these appeals have arisen out of the same incident, judgment and order. However, the facts are being taken from Criminal Appeal No. S. 1637 -SB of 2003 titled as Om Bir and another versus State of Haryana to avoid any repetition.
(2.) ACCUSED -appellants have directed the present appeals against the judgment dated 13.8.2003 and order dated 18.8.2003 passed by Shri J.D.Chandana, the then learned Additional Sessions Judge, (Adhoc) Hisar, vide which all the accused stood convicted under Sections 399 and 402 of the Indian Penal Code ( in short the IPC ) and sentenced them as under: - <FRM>JUDGEMENT_527_LAWS(P&H)3_2014.htm</FRM>
(3.) THE story put forth by the prosecution in brief is that on 29.06.2001 at about 1.00a.m. ASI Sadhu Ram of CIA, staff, Hansi was present along with other police officials on patrol duty near octroi post, Hisar road at Hansi and received secret information that five boys armed with deadly weapons were assembled and preparing for dacoity and were present in the ditches on the side of Umra road near the canal bridge. The information received by Sadhu Ram ASI was reliable and therefore, a raiding party was formed. ASI Sadhu Ram along with his other subordinates stopped the vehicle at half kilo meter from the place of occurrence and then the police party went on foot to the place where these persons had assembled. They were encircled by the police and ASI Sadhu Ram heard their conversation. One of the boys, addressing Sewa Singh said that as Sewa Singh was having a pistol, any person creating hurdle would be fired by him and Jaibir having air pistol was to put the same on temporal region of the person creating hurdle. They also said that Satbir would enter the bank and he would see the person, who took out the money from the bank. Similarly, they were putting others on other duties to commit the dacoity. ASI Sadhu Ram warned the persons there and told them that they had been encircled by the police and they should surrender. All of them were apprehended at the spot. On personal search of Sewa Singh, a country made .12 bore pistol with one live cartridge loaded was recovered, which was unloaded and taken into possession. Accused Suresh was found in possession of knife which was also taken into possession. The air pistol was recovered from accused Jaibir. Ombir accused was found in possession of cycle chain, which was taken into possession. Accused were arrested. 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.