BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment dated 24.08.2004 and order of conviction dated 25.08.2004 passed by Addl. Sessions Judge, Sonepat, whereby, the accused-appellant(s) were convicted and sentenced as under : -

(2.) Prosecution case in brief was that on 28.07.2003 at about 9:00 P.M. when a police party headed by SI/SHO Ram Kishan (PW-8) was on routine patrol duty in the area of City Gohana, Sonepat Road, the three accused-appellants were seen coming on a Bullet Motorcycle. PW-8 SI Ram Kishan signalled them to stop, but instead they fled away. On suspicion, PW-8/SI Ram Kishan chased them on his vehicle and overtook their motorcycle at a distance. At this, appellant - Ramesh, who was pillion riding fired at the police party with the pistol which he was carrying. The police party too fired back at the appellants and managed to apprehend. One pistol along with an empty cartridge and a live cartridge were recovered from the possession of the appellant-Ramesh, which were then seized and sealed vide memo Ex.PC/1. On the basis of Ruqa Ex. PF sent by PW-8/SI Ram Kishan, case FIR No. 103, dated 28.07.2003, under Sections 307/353/34 IPC & 25 Arms Act, was registered against the accused-appellants.

(3.) On completion of investigation, challan was presented and committed to the court of sessions. The accused-appellants were charge-sheeted for the offences under Sections 307/34 and 353/34 IPC. Accused-appellant No.3/Ramesh was also charged-sheeted for the offence punishable under Section 25 of the Arms Act. At the time of framing of charges, the accused-appellants pleaded not guilty and claimed trial.