SEHZAD AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of CRA No. S -1770 -SB of 2011 (Sehzad @ Kanja versus State of Haryana) and CRA No. S -2086 -SB of 2011 (Sahida versus State of Haryana) as they arise out of common judgment dated 17.05.2011 passed by the learned Additional Sessions Judge, Palwal.

(2.) VIDE impugned judgment and order, the appellants have been convicted and sentenced to undergo rigorous imprisonment for seven years besides pay a fine of Rs. 5,000/ - each and further imprisonment of two months in default for the offence punishable under Section 307 read with Section 149 IPC; to undergo rigorous imprisonment for one year for the offence punishable under Section 332 read with Section 149 IPC and Section 148 and also to undergo rigorous imprisonment for six months for the offence punishable under Sections 353, 506 read with Section 149 IPC.

(3.) HE received information on 23.06.2002 at about 4.00 a.m. that the above said persons would be sleeping in Rehman's chaupal. This information was conveyed by the complainant to the police with a request to raid the said premises and arrest the accused. On receiving this information, police party reached the village at about 7.30 a.m. Complainant proceeded to the chaupal to inquire about the accused. When he reached near the chaupal, accused fired upon him and complainant hid himself. When the police party reached the spot, Jahul, Asgar, Saleem and Sahida fired from their gun and country made pistol upon the police party. Accused also threw bricks and opened an attack upon the police party with lathies/sticks. They were exhorting to kill the complainant. Police fired shots in the air and encircled the chaupal but only one accused Saleem was apprehended along with his gun. Other accused escaped from the spot by firing and running over the roofs of the houses. Due to firing, three or four police officials and a young girl from the village sustained injuries and atmosphere of terror was created by the accused, who had threatened the complainant. They attacked the police officials when they came to arrest them. He, thus, prayed that action be taken against them.