RASID Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, the aforesaid three appeals filed by appellants-accused Rasid, Sajid & Nitin @ Neetu are being disposed of.

(2.) Brief facts of the case are that FIR No.201 dated 29.10.2003 was registered under Sections 399 & 402 IPC and Section 25 of Arms Act, at Police Station Sadar Panipat with the allegations that on 29.10.2003, S.I. Shamsher Singh along with other police officials was present near Bus Stand Chhajpur, while on patrolling duty. A secret information was received by him that Harshad son of Yasin, Sabir son of Basir, Rashid son of Sharif, Vikas son of Vikram, Major son of Asgar and Nitu son of Brij Pal, while armed with pistols, knife and a stolen motorcycle, were sitting in an abandoned Dharamshala on the Kurar turning point and were planning to commit dacoity in HUDA Colony, Panipat and if a raid is conducted, they could be caught red-handed. The Investigating Officer finding the information reliable, asked shopkeeper at the Bus Stand and Prem Singh, an ex-Sarpach to join the raiding party but they were reluctant. Then he formed three raiding parties, one headed by ASI Sultan Singh, another by ASI Ram Phal, the third one headed by ASI Jai Narain and the fourth by himself. ASI Ramphal, who was wearing usual clothes, was asked to hear the conversation being taking between the accused persons and then to give a signal with the help of torch. Thereafter, the police reached the informed place and after parking the jeep at some distance, the said place was encircled. One of the said boys, whose name later on came to be known as Vikas and he said that he is having a loaded country made pistol of 315 bore and a motorcycle and that Nitu is having a loaded country made pistol and Harshad, Sajid, Major and Rasid are armed with knives and they will commit dacoity in the HUDA Colony, Panipat at midnight and also commit theft of a car and if anyone retaliate, he will be shot dead by him (Vikas) and Nitu. On the signal given by ASI Ram Phal, all the said boys were apprehended. On personal search of accused Vikas, a country made pistol and a motorcycle bearing registration No.UP-12-D-6673 was recovered. Rough sketch of the pistol was prepared and the same was taken into possession. From the possession of accused Nitu also, a country-made pistol was recovered, rough sketch of the same was also prepared and it was taken into possession vide a memo duly attested by the witnesses. From the possession of accused Harshad, a knife and a motorcycle was recovered and from accused Sajid and Major, knives and motorcycles were recovered, from accused Rashid, a knife was recovered. Rough sketches of the knives were prepared and were taken into possession. All the accused were formally arrested and on a ruqa sent to the police station, the aforesaid FIR was registered and investigation was conducted. Site plan of the place of occurrence was also prepared and on returning to the police station, the entire case property was deposited with MHC in the same condition, in which it was recovered.

(3.) After completion of the investigation, the report under Section 173 Cr.P.C. was presented in the Court. Copies of the challan were supplied to the accused and the case was committed to the Court of Sessions vide order dated 24.11.2003. Thereafter, all the accused persons were chargesheeted for the offence punishable under Sections 399 & 402 IPC and Section 25 of Arms Act.