STATE OF HARYANA Vs. RANDHIR SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 25-1-1999, rendered by the Court of Sessions Judge, ambala, vide which it discharged the accused, on the ground that no prima facie case was made out for framing the charge.

(2.) THE facts, in brief, are that on 10-10-1998 at about 11. 30 p. m. a secret information was received by the Police party that the accused (now respondents) armed with iron rods and swords (Kripans), were sitting under the Kikkar trees, on the southern side of Jamitgarh road, near the land of one Gola ram Jhiwar and, if a raid was conducted, they could be caught redhanded. Thereafter, the Police party went to the disclosed place, and apprehended Balwinder Singh alias Vijay, armed with an iron rod (Sabbal), charanjit Singh alias Kala, armed with a stick (danda) and Naresh Pal, armed with a sword. Randhir Singh alias Dheera, accused, however, managed to escape. Rough sketches of the weapons, aforesaid, were prepared and the same were taken into possession vide separate recovery memo. The statements of the witnesses were recorded. All the accused, aforesaid, except Randhir singh alias Dheera, accused well arrested. Lateron, Randhir Singh @ Dheera, accused was also arrested. After the completion of investigation, the accused were challared.

(3.) ON their appearance, in the Court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution.