SAT NARAYAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 233 dated 16.5.1998 was registered at Police Station Sadar, Ballabgarh under Sections 148, 149, 307, 332, 353 and 304/34 I.P.C. and Section 25 of the Arms Act on the statement of petitioner Sat Narayan, SI/SHO Police Station Sadar, Ballabgarh and reads as follows :-

(2.) ON 16.5.1998 at about 3.15 a.m., SI/SHO Sat Narain (petitioner-herein) along with the police party was present for investigation in a case under Section 395 I.P.C. at Carona Chowk. At that time, a truck followed by a Maruti Car (whose number later on came to be known as 6838), came from Ballabgarh-side at a high speed and PCR No. 4 was chasing them. They tried to stop, but the truck turned towards Fatehpur Tagga. Two gun shots were fired at the police party from the Maruti Car. Constable Sohan Lal suffered one pellet injury on his right check. The gun shot hit the official jeep on the front side. Police party fired two shots in private defence. The car fled towards Kabulpur. PCR No. 4 was chasing the car. SI-Sat Narayan along with his officials followed the truck in his official jeep along with PCR No. 7. The truck took a round of the village, came on the Bus Stand and entered inside the village. In the meantime 15/20 persons of Village Dhauj including Sadiq, Asrani, Sadhu, Mehtab, Sahjaad and Hanif parked a four-wheeler across the official vehicle, started pelting stones and thereby managed the truck's escape. The number of the truck was HR-38-3486. In the brick-throwing the jeep and its wind screen were damaged and Constable Rajinmder and Dev Kumar suffered injuries. They encircled the police party. To save himself and the life of the officials gun shots were fired in the air and the officials were rescued.

(3.) BUT Ramzan, a resident of village Dhauj, had sent a complaint to the Superintendent of Police, Faridabad and had alleged as follows : Complainant - Ramzan, Usaf and Kallu of village Dhauj were coming back to their village after meeting their relations in village Uttawar at about 3 a.m., and Ramzan was driving his car No. HR 51-C-6838 belonging to Usaf. Usaf was sitting on the front seat and Kallu was sitting on rear seat. When they were on the road from Dekri to Sikrona at the Sikrona turning, they saw one police jeep standing and some stones had also been placed on the side of the road. They stopped the car and found the petitioner and his police party present there. The police personal enquired and searched the car. The petitioner and A.S.I. Randhir Singh who were carrying revolvers in their hands, asked Ramzan and others to drop Usaf there to which Ramzan and others objected. The police party said that the car and Usaf should be left there. A.S.I. Randhir Singh said that either they do (sic) will suffer. Ramzan and others were adamant and were sitting in the car. All the police personnel stated that they should give money or that they will be killed by showing an encounter in some dacoity case. They demanded Rs. 5,000/-, but Ramzan and others offered Rs. 400/- or Rs. 500/- and requested them to allow them to go. All this took about 10 minutes and Ramzan finding that the police personnel were harassing them unnecessarily, made an attempt to start the car, so that the police may not harm them. The S.H.O. in loud voice stated that Ramzan and others be killed by firing gun shots. One of the two constables fired one rifle shot on the car driven by Ramzan which hit the car on the left side above the petrol tank. After penetrating, the shot hit Usaf on his back and also hit on the left ear of Ramzan which started bleeding. Usaf also started bleeding from his back after being hit by the bullet. On this, Ramzan immediately sped away the car to his village. On reaching the village, they disclosed the occurrence to their family members and went to Escorts Medical Centre for treatment, and Usaf was admitted there. Ramzan was also medically examined. At about 6 a.m. the doctor informed that Usaf had died because of the gun shot injury.