STATE OF HARYANA Vs. JAHID AND OTHERS

JUDGEMENT

(1.) Through the instant application filed under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the applicant seeks grant of leave to appeal against the judgment dated 14.12.2016 passed by the Additional Sessions Judge, Gurgaon (for short the trial court), through which the respondents have been acquitted of the charges framed against them under Sections 307/332/353/186/395/397 of the Indian Penal Code, 1860 (for short IPC), Section 25 of the Arms Act, 1959 and Sections 4-A/8, 2/80 of the Cow Slaughter Act, 1955.

(2.) Briefly stated, the case of the prosecution is that on 01.05.2014, telephonic information was received by the police that 7-8 persons, who were travelling in a pick-up vehicle with a cow in the same, were coming towards a police barrier. As per the information, a pick-up vehicle was noticed by the police and signalled to stop. However, the occupants of the vehicle, after dashing their vehicle against the barricade, fled away. The police party along with complainant-Naresh, Sanju and Krishan chased the vehicle. On the pick-up vehicle striking into a divider, all the persons alighted from the vehicle and one of them fired at the police party but no one was hit. Two of the respondents namely Jahid and Abid were apprehended from the spot but the others namely Farid, Taarif, Kaalu Khan, Saleem, Aaleem and Tatli managed to flee. The search of Jahid Khan led to the recovery of a country-made pistol with one live cartridge in it. Two empties were also found at the place of occurrence. The above items including the pick-up vehicle as also the cow were taken into possession by following due process. During the course of investigation, the accused who had managed to flee were also arrested.

(3.) Finding a prima-facie case against the accused, they were charge-sheeted for the commission of offences under Sections 395/397/307/332/ 353 IPC and Sections 4-A/8, 2/80 of the Cow Slaughter Act, 1955. Accused Jahid was also individually charged for commission of an offence under Section 25 of the Arms Act, 1959. On the accused pleading not guilty, they were all put to trial.