ADITYA AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRIMINAL Appeal -D -553 -DB of 2012, Aditya @ Kala @ Katia and others versus State of Haryana, Criminal Appeal -D -552 -DB of 2012, Sonu Bhati versus State of Haryana and Criminal Appeal -D -22 -DB of 2013, Sandeep@ Lahri versus State of Haryana are proposed to be disposed of by this common judgment being passed in Criminal Appeal -D -553 -DB of 2012, Aditya @ Kala @ Katia and others versus State of Haryana because these involve common questions of fact and law and have arisen from judgment of conviction dated May 05, 2012/order on sentence dated May 09, 2012 and judgment of conviction dated December 05, 2012/order on sentence dated December 07, 2012 whereby court of learned Additional Sessions Judge, Faridabad (here -in -after referred to as "the trial court") has convicted and sentenced the appellants as under:

(2.) CHRONOLOGY of events constituting the prosecution story indicates that on September 20, 2008 appellant Aditya, who was lodged in District Jail, Mathura, was brought to Faridabad and was produced before the Courts of a Judicial Magistrate and Additional Chief Judicial Magistrate there in criminal cases under Section 25 of the Arms Act, 1959 (for short 'the Act) by Constable Jawahar Singh (PW2), Constable Shiv Singh (cited as a witness of prosecution but given up) and Sub Inspector Onkar Singh (PW3). 10 -12 boys, including Aditya's brothers -Manoj and Dinesh, and their friends named Anup, Sulli (presumably Sunil), Chhiley (also called Rakesh), Khadde, Ombir, Sonu Bhati, Devender Biju and Jagga came to the Court complex to see Aditya who whispered something in the ear of his brother Manoj. The conversation, however, was not audible. After hearing in the Court cases was over, the police officials hired an auto rickshaw and alongwith Aditya proceeded towards Ballabgarh. On seeing a hotel with the name of Ambika Hotel, a little before Bus Stand of Ballabgarh, Aditya asked to have meals therein. The police officials and Aditya took meals there. The afore -mentioned 10 -12 boys all of a sudden descended on the scene and attacked the police personnel after encircling them. Four or five of them were armed with country made pistols and mousers and one of them, with an intention to kill SI Onkar Singh, fired upon him. The shot injured SI Onkar Singh's right shoulder. The assailants also hit Constable Jawahar Singh and Shiv Singh with the country made pistols and attempted to free Aditya from police custody. Aditya also gave pushes to the police officials and attempted to escape from police custody. In view of the commotion that followed and a crowd having converged on the scene, the assailants made good their escape carrying their respective weapons along. However, two mobile phones, one magazine of mouser, one cartridge of a. 315" bore pistol, shoulder (badge) of uniform of SI Onkar Singh were left behind on the spot of occurrence. ASI Jai Kishan (PW7) (here -in -after referred to as 'the Investigating Officer') on receipt of information of the happening, reached Ambika Hotel where Constable Jawahar Singh narrated the sequence of events before him in the form of statement, Exhibit PB, based whereupon a formal First Information Report ('FIR' for short), Exhibit PA, was recorded by ASI Hazari Lal (P.W. 1). The injured PWs Constable Jawahar Singh and Constable Shiv Singh were shifted to General Hospital, Ballabgarh and SI Onkar Singh to Escorts Hospital and Research Centre, Faridabad.

(3.) DR . Satish Chaku (PW9) medico -legally examined SI Onkar Singh vide MLR, Exhibit PQ/2, and found on his body one fire -arm injury -a roughly elliptical wound over LT infraclavicular region, 2.25x1 cm in size, with inward margins and bleeding present, medial to mid clavicular line, 10 cms lateral to sternalnotch having surgical emphysema with patechae present around it, four blunt weapon lacerated wounds and one blunt weapon reddish abrasion and advised radiological examination of skull, cervical spine, CT Scan of head and Ultra Sound of abdomen. Dr. Prabal Roy (PW21), vide his opinion, Exhibit P14, declared injury No. 1 on the person of SI Onkar Singh as dangerous to life and other injuries as simple in nature.