RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of two criminal appeals - Crl. A. No. 86-SB of 1998 (Neki Ram v. State of Haryana) and Crl. A. No. 134- SB of 1988 (Rakesh Kumar v. State of Haryana) - as both the appeals have arisen from the judgment and order dated 5th February, 1988 passed by the Court of Sessions Judge, Sirsa, who convicted Rakesh Kumar appellant under Section 332 of the Indian Penal Code, and Neki Ram appellant under Section 332 read with Section 34 of the Indian Penal Code, and sentenced each one of them to undergo rigorous imprisonment for a period of two years. Brief facts of the case can be noticed in the following manner :-

(2.) ON 13th October, 1986 A.S.I. Ramesh Pal was on patrol duty along with Constables Bansi Lal and Om Prakash on a motor cycle bearing registration No. HYN 2682 and the police party was proceeding from village Jamal on a Kacha passage towards village Janania (Rajasthan). The A.S.I. was driving the motor cycle, whereas the two constables were sitting on the pillion seat. Shri Ramesh Pal, A.S.I., received a secret information that appellant Neki Ram was likely to bring opium from Rajasthan in his car bearing registration No. DHA 2520. A ruqa was sent to Police Station Nathusari Chopta for registration of a case. At about 5 p.m. the aforesaid car came from the side of village Janania. A.S.I. Ramesh Pal signalled the car driver to stop the car. Upon this firstly the driver of the car slowed down the speed of the car but on the instigation of Neki Ram appellant that A.S.I. Ramesh Pal should be finished, the driver of the car sped the car fast and tried to run over A.S.I. Ramesh Pal, who jumped on the side and in this manner he was saved. Thereafter the A.S.I. chased the car on his motor cycle along with Constable Bansi Lal. The car stopped near village Ahmadpur because of a pit ahead of it. Both the appellants were taken into custody by A.S.I. Ramesh Pal and the search of the car yielded 10 kgs. of opium and 800 grams of Charas. Thereafter A.S.I. Ramesh Pal produced both the appellants along with the car, opium and the Charas before the S.H.O. of Police Station Nathusari Chopta. A.S.I. Ramesh Pal made a statement before the S.H.O. to the effect that both the appellants wanted to kill the members of the Police Party and that they wanted to obstruct the Police Party when they were discharging their official duties, so much so he himself had received injuries in this process. Case under Sections 307, 353 and 332 of the Indian Penal Code was registered against both the appellants, which became the subject-matter of F.I.R. No. 127 dated 13th October, 1986. The S.H.O. got A.S.I. Ramesh Pal medically examined and statements of the witnesses were recorded.

(3.) IN order to prove the charges the prosecution examined P.W.1 Dr. Karni Singh, Medical Officer, who found injuries on the person of Shri Ramesh Pal, A.S.I., and issued medicolegal report Ex.PA/1. It may be mentioned here that Shri Ramesh Pal, A.S.I., received as many as five injuries on his person, fully enumerated in the said medicolegal report. Injuries Nos. 1, 2, 4 and 5 were simple in nature while injury No. 3 was kept under observation. According to the doctor all the injuries could be caused by a blunt weapon. The probable duration of the injuries was found to be within six hours. It has been categorically stated by Dr. Karni Singh that these injuries could be caused on 13th October, 1986 at about 5.30 P.M. if the injured had fallen on a hard surface after the car had hit him. Shri Ramesh Pal appeared as P.W.2, while Shri Harchand Singh Patwari appeared as P.W.3. The statement of Shri Ramesh Pal has been corroborated by P.W. 4 Shri Bansi Lal, Head Constable, who was one of the members of the Police Party. Shri Jai Narain, who appeared as P.W. 5, is the Investigating Officer.