SUKHVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUKHWINDER , Rajinder and Sanjay Appellants in the above mentioned appeals had been convicted by the Additional Sessions Judge, Hisar vide judgment/order dated 15.4.2002 for the offence under Sections 307/186 IPC and 61 of Excise Act. For the offence under Section 186 IPC, they were sentenced to undergo RI for three months and to pay a fine of Rs. 250/ - each in default of payment of fine, they were to undergo imprisonment for a period of seven days, for the offence under Section 307 IPC, they were sentenced to undergo RI for seven years and to pay a fine of Rs. 2,000/ - each in default of payment of fine, they were to undergo RI for one month and for the offence under Section 61(1)(a) of Excise Act, they were sentenced to undergo RI for a period of one year and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, they were to further undergo imprisonment for a period of fifteen days. All the sentences were ordered to run concurrently.

(2.) PROSECUTION case against the Appellants is that the police party headed by ASI Dharmpal consisting of HC Jagbir Singh, Constable Siripal and Constable Ishwar Singh of P.S. Sadar, Hisar had got secret information on 16.10.1997 when they were in police Jeep bearing No. HR -20 -B/0294 and were on patrolling duty. Secret information was that illicit liquor was being smuggled from village Piranwali to Delhi in Truck No. HYH/589. Accordingly a nakabandi at Bagla Road was held by the police by parking the jeep. Then truck bearing No. HYH/589 was seen coming from the side of village Piranwali. A torch signal was given to stop the truck but when the truck reached near the police party, the driver accelerated the speed suddenly and tried to run over the police party thereby hitting against the parked jeep. However, fortunately the police party escaped unhurt but the truck succeeded in going towards Fatehbad side without stopping on the nakabandi. It was chased by the police party. ASI Dharampal field two shots from his revolver but failed to burst the rear tyres of the truck. ASI Dharampal flashed a message through the wireless set to police stations Agroha, Adampur and Sadar Hisar disclosing the facts and asking them to lay a naka. Truck bearing No. HYH/589 was driven in a zig -zag manner and it was diverted towards Adampur. Another police party of Police Station Adampur headed by ASI Raj Kumar consisting of Constable Sahi Ram and Constable Rajinder Singh also laid a nakabandi by parking Jeep No. HR -20 -D/295 but the truck did not stop inspite of the signal given by ASI Raj Kumar and it also tried to run over the police party headed by ASI Raj Kumar. However, police party headed by ASI Dharampal in Jeep No. HR -20B/294 as well as another police party headed by ASI Raj Kumar chased the truck, which was diverted from Adampur to Agroha and then further diverted from Argoha to Hisar. Truck was driven towards Nangthala from village Landhari. On this road, ASI Raj Kumar fired 5 shots from his revolver whereas ASI Dharampal also fired 3 shots from his revolver. HC Jagbir also fired 5 shots from his carbine. Then the driver of the truck drove the truck on its right side on the katcha path. Dharampal ASI again fired two shots from his revolver whereas HC Jagbir Singh fired 5 shots from his carbine and ASI Raj Kumar also fired two shots. Constable Rajinder also fired four shots from his 303 riffle which hit the rear tyres of the truck. The tyre bursted and the truck stopped. There were four persons in the truck. Two persons namely Sukhwinder Singh and Sanjay were apprehended at the spot whereas another person namely Rajinder was known to I.O. Dharampal and name of the fourth person, who was driving the truck was learnt as Parontha Dhanak, who could not be arrested.

(3.) COUNSEL for the Appellants had argued that the accused were not armed with any weapon. They had not fired any shot. From the statement of Jagbir Singh HC, who appeared as PW -4, it was pointed out that when the truck reached near their Jeep, then the speed of the truck was accelerated and the truck tried to run over the police party but it was not there that truck had hit jeep. It was further pointed out from his statement that there were four persons in the truck who tried to run away. Sanjay and Sukhwinder were apprehended at the spot. Then on interrogation they disclosed the name of other two persons namely Rajinder and Parontha.