CHARANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is criminal misc. No. 18145-M of 1998 whereby Charanjit Singh son of Banta Singh resident of Khuni Majra, has prayed for the grant of bail to him in case FIR 98 dated 15.12.1995 registered under Sections 148/149/396/302 of the Indian Penal Code read with Section 25 of the Arms Act at Police Station Naggal, District Ambala.

(2.) PROSECUTION case in brief is that on 15.12.1998 ASI Mohinder Singh of Police Station, Naggal, District Ambala was present at Matheri Chowk in connection with patrolling along with constable Vijay Bhan No. 506. At about 11.30/11.45 p.m., a tractor-trolley of red colour was seen coming from the side of Ismailabad. Tractor was being boarded by five persons. Four of them were young in age while the fifth one was aged 40/45 years who was driving the tractor. ASI Mohinder Singh felt suspicion about them. He accordingly stopped the said tractor-trolley. After the tractor-trolley was stopped, he asked constable Vijay Bhan to check it. When constable Vijay Bhan reached near the tractor-trolley, one person who was boarding the tractor-trolley opened fire towards him (Constable Vijay Bhan) and other persons ran towards him (constable Vijay Bhan) and snatched carbine along with magazine which he (constable Vijay Bhan) was carrying. ASI Mohinder Singh immediately took position and opened fire from his service revolver towards the persons boarding on the tractor-trolley. He fired two shots from his revolver on them and thereafter two shots were missed by the revolver. Then ASI Mohinder Singh heard one person amongst the assailants saying, "Oye Manjit, Jassey, Parshotam Matheri wal bhaag chalo" and they ran away towards village Matheri along with Government carbine as well as magazine. While running, they opened fire towards ASI Mohinder Singh and the fire shot hit his right arm. Constable Vijay Bhan died at the spot after receiving the gun shot. After some time HC Kulwant Singh No. 57, MBC Police Station, Naggal reached the spot who stopped a truck and put ASI Mohinder Singh in that truck. ASI Mohinder Singh was got admitted in Civil Hospital, Ambala. MHC Kulwant Singh sent intimation to Police Station, Naggal. Assailants left tractor trolley at the sport and themselves escaped under the cover of darkness.

(3.) IN this case there are 11 accused named Hakim Singh, Gurjit Singh, Narinder Kaur etc. As per the prosecution, allegation against Charanjit Singh is that after the commission of the crime involved in FIR No. 88, accused Jagtar Singh Hawara and Balwant Singh stayed with him and they kept the carbine and the magazine containing 15 cartgridges snatched from Vijay Bhan, with him.