KAILASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since all these three criminal appeals, one filed by convicts Kailash, Rambir and Pitamber; second by Gulab Singh and the third by Rajesh, having arisen out of the common judgment of conviction and order of sentence dated 24.08.2004/26.08.2004 passed by the Court of learned Additional Sessions Judge, Fast Track Court, Bhiwani in FIR No.168 dated 05.09.2002 under Sections 399 and 402 IPC and Section 25 of the Arms Act pertaining to Police Station Civil Lines Bhiwani; deserves to be taken up together on account of factual and legal consanguinity and therefore, are being disposed off together for the sake of brevity.

(2.) Heard Mr. B.S. Saroha, Advocate for the appellants in CRAS-1701-SB-2004 and appearing as Amicus Curiae on behalf of the appellants in remaining two appeals i.e. CRA-S-2372-SB-2004 & CRAS-2393-SB-2004; Mr. Praveen Bhadu, Assistant Advocate General, Haryana for the respondent/State and perused the records of the case.

(3.) The brief facts of the case that emancipates from the submissions of the two sides and are well established from the records, are that Inspector Ram Avtar along with other police officials were present at new bus stand, Bhiwani on 05.09.2002, when a secret information was received that five young boys, accused in these matters, armed with deadly weapons were present at boosting station towards the northern side of the bus stand Bhiwani and were planning to commit dacoity at Sanjeet Filling Station, Rohtak Road, Bhiwani and they could be arrested if raid is conducted.