RANBIR @ FAUJI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of four Criminal Appeals No. 15-DB of 2005, 2414-SB of 2004, 116-SB of 2005 and 76-SB of 2005 having arisen out of the same judgment dated 6/9.11.2004 passed by Addl. Sessions Judge, Rohtak.

(2.) THE accused appellants Ranbir @ Fauji son of Zile Singh, Balkar @ Kaku @ Tau son of Jit Singh, Sandeep son of Ranbir Singh, Naveen son of Rattan Singh and Ishwar Singh son of Ram Gopal faced trial under Sections 148, 149, 186, 353, 307, 307, 506 of the Indian Penal Code and 25 of the Arms Act and were sentenced as under :-

(3.) ON 19.9.2003, case was registered against the accused persons at the instance of ASI Ashok Kumar who in Ruqa Exhibit PJ stated that on 19.9.2003 at 7.30/8.00 p.m. when he along with ASI Kulbir Singh PW-8, HC Himmat Singh, EHC Raghbir Singh and Constables Azad Singh, Jai Pal and Jagbir Singh were present in their Jeep No. HR 12C/3721 near village Basantpur turning. Police party was armed with revolvers whereas Const. Jai Pal was having search light and Const. Azad Singh was having carbine with him. In the meantime, the accused came in an Indica Car bearing No. HR/26Q/7002 from the side of village Basantpur. On seeing the car, the police party signalled it to stop, but instead of stopping it, the accused took a U turn. Resultantly, the car reached at cement concrete squares, lying at the spot and stopped. When he (ASI Ashok Kumar) with the help of the police party tried to apprehend the occupants, then the accused started firing towards them. Police party took the positions and responded to the fire which lasted for 15 minutes. During the firing, two boys who were later on identified as Rajesh and Ishwar managed to escape taking undue benefit of the darkness. While escaping, they continued firing. Resultantly, tractor driver Shamsher Singh PW-7 suffered injuries on his eyes. However, accused Ranbir @ Fauji, Balkar, Naveen and Sandeep were apprehended along with their weapons of offence. They disclosed their identity accordingly. They also disclosed about the names of the absconders as Ishwar and Rajesh.