(1.) THE aforesaid two appeals have been instituted by Rajesh @ Raja and Jagdev @ Devender @ Jagga assailing the impugned judgment rendered by Sh. N.L. Pruthi, the then Additional Sessions Judge (Adhoc), Fast Track Court -II, Faridabad whereby both the aforementioned appellants were convicted and sentenced to undergo imprisonment for a period of five years each and also to pay a fine of Rs. 500/ - each for committing offence punishable under Section 307 of Indian Penal Code (for short 'IPC') with default clause and they were further sentenced to undergo imprisonment for a period of seven years each for committing offence under Section 397 IPC and sentenced to undergo imprisonment for a period of three months each for committing offence punishable under Section 186 IPC and for a period of one year each for committing offence punishable under Section 353 IPC. Appellant Jagdev @ Devender @ Jagga was also sentence to undergo imprisonment for a period of five years for committing offence under Section 412 IPC. He was also sentenced to undergo imprisonment for a period of three years for keeping in his possession spring actuated knife whereas appellant Rajesh @ Raja was sentenced to undergo imprisonment for a period of five years for keeping in his possession a country made pistol.315 bore and two live cartridges of the same bore.
(2.) BRIEFLY , prosecution story is like this; that on 15.07.2000, SI Ram Bhagat (PW -10) alongwith Head Constable Umar Mohd., Constable Mohd. Rafiq, Constable Dharm Singh, Constable Krishan Kumar and driver Babu Lal in Government Zpsy bearing No. HR -51D - 7914 were present near Kheripul (Bridge) on patrolling when a V.T. message was received from control room to the effect that a Maruti Zen Car bearing registration No. DL -4C -8130 colour white had gone towards Kheripul side whereby four boys had run away after snatching a sum of Rs. 9 lac from Sector 11, Faridabad. At this, SI Ram Bhagat along with police officials had reached by Government vehicle at Kheripul, there they came to know that ASI Ram Niwas and Head Constable Kuldeep Singh who were also present at Kheripul Naka had tried to stop the aforementioned Maruti Zen Car which was being driven at a high speed but the same did not stop whereupon Head Constable Kuldeep Singh had broken the left front window pane of the aforesaid Maruti Zen Car by hitting the car with danda. ASI Ram Niwas and Head Constable Kuldeep Singh chased the aforesaid car by riding on the motorcycle whereas PCR -I & II also chased the car by driving it alongwith pavement of Agra Canal. In the meanwhile, ASI Ram Niwas gave a V.T. message to the control room from the aforementioned PCR -I to the effect that the aforesaid Maruti Zen Car was going towards Tilpat Range side which was occupied by four young boys. At this, SI Ram Bhagat along with police officials had gone towards Tilpat Range side in order to chase the aforesaid Maruti Zen Car. ASI Ram Niwas informed SP, Additional S.P and DSP Head Quarter that the accused were running towards Tilpat Range side and requested them to go towards that side. When SI Ram Bhagat along with his staff was going towards Tilpat Range side, ASI Ram Niwas again gave V.T. message to the effect that the Zen Car of the accused was got stuck in the mud and the accused had snatched one scooter from its rider, on pistol point. All the four accused had run away on that scooter. When SI Ram Bhagat had reached the place from where the aforesaid scooter was snatched, Vikas (PW) stopped SI Ram Bhagat and disclosed that the accused had snatched his scooter on pistol point and the accused had proceeded towards Dadasiya side. At this, SI Ram Bhagat along with police officials had also chased the accused by going towards village Dadasiya side. Officers also instructed through V.T. message to chase the accused and apprehend them. When SI Ram Bhagat along with police officials was chasing the accused, he again received V.T. message from ASI Ram Niwas to the effect that the accused had snatched scooter No. DL -85B -3774 on pistol point from yunus and all the four accused had run away towards village Dadasiya side by riding two on one scooter and two on other scooter. At this, SI Ram Bhagat along with police officials had gone towards village Dadasiya side. ASI Ram Niwas, also informed all the police officials who were following them to the effect that the accused had crossed village Dadasiya and were going towards village Lalpur side. While police was chasing the accused, the accused had crossed village Mahavatpur and climbed on the pavement of Budia Nala. When police party was at a distance of about 200 yards, then all the four accused had abandoned their scooter in the bushes alongwith pavement and had run away on foot at the pavement of the nala. SI Ram Bhagat and police officials ASI Ram Niwas along with his staff had left their vehicles and after informing the driver about the situation, chased the accused on foot. In the meanwhile, Pawan Kumar s/o Ram Gopal Chauhan, resident of village Mahawat had come across the police party. After disclosing the facts of the case, he was joined in the police party. In the meanwhile, driver of the vehicle in a loud voice declared that SP had given the order to surround all the accused from all the four sides so that they may not be able to escape. At this, SI Ram Bhagat instructed ASI Ram Niwas to lay the siege towards upper side fields as the accused were trying to hide themselves in the bushes. In the meanwhile, accused fired two shots, one at the police party of SI Ram Bhagat and the other at the police party of ASI Ram Niwas. However, the police could save itself by lying on the ground. In the meanwhile, Ram Niwas ASI's police party surrounded the accused from the front and made Ram Bhagat SI aware about the position of the accused. At this, SI Ram Bhagat warned the accused by stating that they were under siege and they should abandon their arms and surrender before the police. Immediately thereafter, accused had fired shot on SI Ram Bhagat. However, he could save himself by taking a lying position. SI Ram Bhagat directed H.C. Umar Mohd who was having a carbine, to fire in the air. However, accused also fired shots in reply. Inspite of all that accused had been fired at the police straight, as such under compelling circumstances, finding no other alternative H.C. Umar Mohd was ordered to fire at the accused so as to cause injury to them in order to apprehend them and further so that they surrender themselves before the police. At this H.C. Umar Mohd, fired from his carbine on the accused, thereafter, they heard a voice whereby one of the accused was telling Devender -accused to surrender themselves before the police by stating that he and Bablu had received fire shots. At this, SI Ram Bhagat again held out a warning to the accused to surrender themselves before the police telling them that they were under siege. At this, two young boys, one was having knife in his hand and the other was having a pistol, came and stood in front of the police. They had thrown away their arms and surrendered before the police by raising their arms. When they took few steps forward, police apprehend them. They also took into the possession their arms as well; the boy, who was having a pistol in his hand gave his name as Rajesh S/o Rameshwar and also gave his compete address, on inquiry. The other one who was having a knife in his hand disclosed his name as Devender s/o Kuldeep Singh and also gave complete address to the police. Thereafter, SI Ram Bhagat called out and told that two accused were lying in injured condition at a distance of few steps. SI Ram Bhagat after giving a warning, apprehended the aforesaid two injured accused as well. One who was having a mauser in his hand gave his name as Harsad s/o Salim and further gave his full address. The fourth accused who was lying on the ground was found dead on checking his pulse. On his left tempel, there was fire shot injury. He was not speaking as well. Harsad Rajja co -accused, on inquiry gave his name as Bablu resident of Gandhi Nagar, Delhi. When inquiry was made about his weapon then it was told to the police by Harsad Rajja that Bablu had thrown away his country made pistol into the nala. In the meanwhile, all the officers of the police had reached the spot. Witnesses were also there. In their presence a thaila contained Rs. 3 lacs and a slip of Oriental Bank of Commerce on which Rs. 9 lacs written, hanging on the shoulder of the accused Devender, was taken into police possession. From personal search of the accused Devender, one wrist watch make 'Titan' and spring actuated knife were also recovered. One pistol.315 bore, two live cartridges, one wrist watch make 'Titan', one mobile phone make 'Nokia' were taken into police possession by the police from the possession of accused Rajesh. From the possession of accused Harsad Rajja, a mauser and a magazine containing two live cartridges, one mobile phone make Nokia were taken into police possession. From the left hand of accused Bablu who was dead, one thaila tat (bag made of jute) containing Rs. 6 lac and cheque book were also recovered and taken into police possession. From right side pocket of the pant of accused Bablu, two live cartridges were taken into police possession whereas from the left pocket of accused Bablu one mobile phone make Nokia, farrari and from the left hand of Bablu one gold kada, one gold chain from the neck were also recovered besides titan wrist watch. All the aforesaid recovered articles were made into separate parcels and were sealed with the seal of 'RB'. Accused Harsad Rajja was sent to B.K. Hospital, Faridabad for treatment. The aforesaid recovered articles were taken into police possession vide separate recovery memo. Seal after use was handed over to PW Pawan Kumar. During the course of investigation site plan of the spot was prepared. Statement of witnesses were recorded. Inquest proceedings regarding death of Bablu were prepared. His dead body was got post -mortem and the same was handed over to his legal heirs. Disclosure statement of accused were also recorded. Scaled site plan of the spot was also got prepared. After completion of necessary investigations, the challan was put in the Court against the accused Jagdev @ Devender @ Jagga,Rajesh @ Raja and Harsad Rajja whereas accused Bablu was dead.
(3.) PROSECUTION in support of its case examined Vikas whose scooter was snatched by the accused, which was taken into police possession vide recovery memo. Ex.PB. Accused Devender and Rajesh also gave nishandehi of the place from where they had abandoned the aforesaid scooter. Vikas also identified this scooter as belonging to him. This very memo is also regarding recovery, nishandehi and identification of scooter No. DL -85B -3774 belonging to Yunus. Both the accused had also given nishandehi of the place from where they have snatched the scooter of Vikas. Recovery memo. Ex.PC was prepared in that regard. Ruqa is Ex.PD, whereupon Ranbir Singh H.C. recorded formal FIR as Ex.PF.