RAJ KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common order two appeals bearing CRA -S -54 -SB -2004, filed by 5 accused including Hare Ram S/o. Ram Prabhav Yadav and CRA -S -187 -SB -2004 separately filed by Hare Ram S/o. Ram Prabhav Yadav, are being disposed of as these arise out of same judgment of conviction dated 29.09.2003 and order of sentence dated 30.09.2003, passed by learned Additional Sessions Judge, Fast Track Court, Ambala, in Sessions Case No. 120/2001/2003 dated 08.08.2001/08.04.2003, in FIR No. 100 dated 29.04.2001 under Sections 399/402 of the Indian Penal Code (IPC) and Section 25 of the Arms Act Police Station Sadar, Ambala.

(2.) CRA -S -54 -SB -2004 was forwarded by the Superintendent, Central Jail, Ambala. The appellants, namely; Raj Kumar S/o. Sadhu Ram, Raj Kumar S/o. Nichku Lal, Dev Raj S/o. Bithla, Hare Ram and Pawan Kumar S/o. Indersain (in CRA -S -54 -SB -2004) were represented by another Advocate but none having appeared on their behalf on certain dates, Mr. HS Jalal, Advocate was appointed as Amicus Curiae to assist this Court on their behalf. However, there is a separate appeal (CRA -S -187 -SB -2004) filed by Hare Ram through counsel and being represented by Ms. Nidhi, Advocate.

(3.) PROSECUTION story emerging during trial was that on 29.04.2001, police party headed by Inspector Mange Ram of Detective Staff was present near Radha Swami Satsang Bhawan, Durga Nagar, Jalbera Road, Ambala, in connection with patrol duty. The other police party headed by SI Darshan Pal Singh of Detective Staff, Ambala also joined them. A secret information was received by Inspector Mange Ram that 06 (six) boys are sitting in un -inhabited houses/quarters built by Housing Board Haryana in Sector -10, Ambala City and those boys were equipped with weapons and they were planning to commit dacoity in Sector -8, Urban Estate, Ambala City.