- (1.) Two separate trials resulting into convictions of the appellant arising out of an incident dated August 3, 1989 have given rise to these two appeals. Criminal Appeal No. 735 of 1991 arose out of T and (P) S Case No. 31 of 1990 wherein the appellant was tried and convicted for an offence punishable under Section 25 of the Indian Arms Act but acquitted of an offence under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short "TADA'). Transferred Case (Cri.) No. 1 of 1995 arose out of Sessions Case No. 15 of 1990 wherein the appellant and Parkash were tried for an offence punishable under Section 307/34 of the Indian Penal Code. Both these cases were tried by the same Additional Sessions Judge, but in two difference capacities, one as an Addl. Judge, Designated Court, Faridabad at Narnaul and another as an Addl. Sessions Judge, Narnaul. To be more precise, T and (P) S Case No. 31 of 1990 was tried before the Designated Court whereas Sessions Case No. 15 of 1990 was tried before the Addl. Sessions Judge, Nornaul. It may also be stated that preceding this appeal, the investigation was common and some of the material witnesses were overlapping. It is in these circumstances we are of the opinion that both these appeals can be disposed of by this common judgment.
(2.) We may first deal with the Criminal Appeal No. 735 of 1991 which has arisen out of T and(P)S Case No. 31 of 1990.
(3.) The prosecution story in nutshell is as under :- Siri Narain (PW 2) was running a hotel in the name and style of "Sangam Hotel" at Dharuhera. His two sons, namely, Rakesh (PW 3) and Radhey Sham (PW 6) used to help him in the said business. On August 3, 1989, at about 11.00 p.m., the appellant (A-1) along with his two associates, namely, Dhirender, Son of Birender Singh, and Parkash, son of Richhpal Singh, came to the hotel in a tractor and demanded empty glasses and cigarette packets. Radhey Sham (PW 6) gave two packets of cigarettes to them but refused to give the empty glasses telling them that the liquor was strictly prohibited in the hotel. The accused person then started taking "neat liquor" from their own bottles. Siri Narain (PW 2) protested whereupon accused started abusing him and threatened to kill him. In the meantime, the appellant (A-1) went to the tractor and brought a gun loaded with two cartridges and fired at Siri Narain. It was sheer providence that the bullet did not hit him (Siri Narain) as he stretched on the ground. The occurrence was witnessed by Pakesh (P3 3), Radhey Shyam (PW 6), Dharamvir servant (PW 4) and Surender (PW 5). Siri Narain then went to the Hyderabad factory, situated near his hotel and informed SI Rai Singh (PW 7) about the occurrence who then reached at the place of incident along with police party. Siri Narain (PW 2) then gave his statement Ex. PA and a ruqqa was sent to the Police Station for registration of the crime. IS Dharam Singh registered the FIR (Ex. PA/1) and directed IS Rai Singh (PW 7) to carry out the necessary investigation. During the investigation, a site plan of the place of occurrence was prepared and the appellant and two other accused persons came to be arrested. A double barrel gun was seized from the appellant vide seizure memo Ex. PK. One empty cartridge and one live cartridge were seized from the place of occurrence vide seizure memo Ex. PL. The gun and the cartridges were then sent to Forensic Science Laboratory, Haryana, Madhuban for examination. After completing the investigation, the charge-sheet under Section 25 of the Indian Arms Act read with Section 5 of TADA was filed against the appellant before the Designated Court. Faridabad at Narnual.;