STATE OF HARYANA Vs. ANIL

JUDGEMENT

(1.) Applicant - State of Haryana has filed this application underSection 378(3) Cr.P.C. seeking leave to file an appeal against judgment dated November 12, 2008, passed by Additional Sessions Judge, Gurgaon, acquitting the respondents. As per record, it was allegation against the respondents that on May 2, 2008, fully armed, they were preparing to commit a robbery. When challenged, they fired shots at the police party. Case of the prosecution, as noticed by the trial Court in para No. 2 of its judgment, under challenge, reads thus:"

(2.) The facts of the case of prosecution are that an information was received from an informer that accused Par deep alias Filmy son of Satbir Singh, resident of Biswa village, Gurgaon,Mahesh son of Lekh Ram, r/o Dhatir and Anil son of Satpal, r/cVill. Kakrola were standing on Mahenderwada road near the bushes and were planning to rob cash from Raisaina crusher. They were also having a motor-cycle to be used for commission of the said offence. Upon this information, raiding party wasprepared and approximately at around 300 meters away from the scene of the occurrence as told by the informer, police vehicle was stopped. ASI Dinesh Kumar and Constable Harpalwere directed to cover the accused from Eastern side. Head Constable Krishna Kumar was to cover from Northern side and SHO himself along with constable Jaswant and Constable Sub hash were to cover from the Southern side of the spot.

(3.) When the SHO along with his team entered from the Southern side in the dilapidated building and stood near the door, they heard some voices, one of the accused Anil was saying that the Raisaina crusher was to be robbed that day and any person who would try to raise any objection should be killed. Par deep alias Filmy was told to stand outside with the motor-cycle so that they could run away. Mahesh and Anil were to steal the cash. Also, the accused Pardeep alias Filmy was to see that any person if he comes from outside and raises objection should be killed. Mahesh was directed to enter the room of cash and to rob the cash and if some one tried to object, he would shoot him. At this time, Anil and Pardeep would still remain presenta long with Mahesh for robbing the cash along with their weapons. Upon hearing this, the police was directed to cover the accused and they announced that the accused have been surrounded from all the sides and they should surrender before the police along with their weapons. Upon this all the three accused who were armed with unlicensed weapons in their hands started firing. Dinesh Kumar's raiding party entered from Eastern side.