BASHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of this order, I shall dispose of CRA No.S -1101 -SB of 2009 titled Bashir vs. State of Haryana , CRA No. S - 1154 -SB of 2009 titled Akhtar vs. State of Haryana and CRA No. S -1753 -SB of 2010 titled

(2.) THE facts relevant for disposal of the present appeals are that on 25.12.2006, HC Partap Singh along with SI Maya Chand and other police officials was on patrol duty on Pali -Ballabgarh road. A nakabandi near the culvert of Sanjay Colony was held. Partap Singh HC noticed a dumper and traula coming from the side of Pali and they were given signal to stop. The drivers of the said vehicles did not stop the vehicles and from a distance of 30 -35 yards from the police party, 6/7 people came out of these vehicles and started running away. Out of the fleeing miscreants, one fired a shot on the police party hitting left palm of constable Jasvir. One of the accused was arrested and disclosed his name as Bashir. He made disclosure statement Ex. PD revealing the names of his associates. Dumper bearing registration No. HR -55 C 7437 and 10 tyred truck bearing registration No. RJ -14 GA 6155 were taken into police possession vide memo Ex. PE. Formal FIR was registered on the basis of ruqa Ex. PG sent to the police Station. The remaining accused were arrested in the case on different dates. Akhtar, one of the accused was arrested and on his personal search a .315 bore country made pistol with one empty cartridge was recovered which was taken into police possession vide seizure memo Ex. PH after preparing sketch of the pistol Ex. PF/1. Akhtar suffered a disclosure statement and in pursuance thereof, he demarcated the place of occurrence vide memo Ex. PH. On 12.3.2009, accused Ashu was joined in the investigation and on interrogation he suffered disclosure statement Ex. PA about his involvement in the crime with Akhtar, Sahoon, Ishak, Bashir, Ussan etc.

(3.) BASHIR and Akhtar, appellants were tried together in Sessions Case No.52 of 2008 which was decided by the Additional Sessions Judge, Faridabad on 11.2.2009 holding them guilty of the offence punishable under Sections 148, 186, 353, 307 IPC and Bashir was convicted for offence under Section 25 of the Arms Act, 1959 (for short the Act ) also and sentenced accordingly, noticed hereinbelow: - <FRM>JUDGEMENT_799_LAWS(P&H)5_20141.htm</FRM>