- (1.) Accused-appellants Kala alias Reshman, Nooru, Hasan, Juber, Akhtar, Yunus, Unnas and Ummar all residing within the jurisdiction of Police Station Tapukra, Rajasthan filed this appeal against the judgment and order dated 1.3.2004 passed by learned Additional Sessions Judge, Fast Track Court, Gurgaon vide which they were convicted under Sections 148/353/149, 307/149 and 427/ 149 IPC and sentenced as under: JUDGEMENT_261_LAWS(P&H)9_2014_1.html All the sentences were directed to run concurrently. On 30.11.2001, Sh.Narender Mohan Monga (PW10) accompanied by Sh.S.P.Sharma, Sub Divisional Magistrate (Nuh) (PW1), Sh.Mahender Singh Bhatti, Deputy Superintendent of Police, Nuh (PW4) accompanied by some other Mining Officers and 9-10 police officials visited Noorpur Stone quarry after receiving secret information regarding illegal mining. They reached there at about 12.15 p.m. Sh.Narender Mohan Monga had earlier conducted the checking of these mines. He had found that the persons indulging in illegal mining are dangerous people and had previously indulged in stone pelting on the police party. Therefore, he had sought the help of Sub divisional Magistrate, Deputy Superintendent of police and police force. On reaching the spot they found that many labourers were indulging in illegal mining of stones. On seeing the jeeps of the complainant party from a distance, the said labourers climbed the hill tops and could not be caught. At the spot, two trucks loaded with the stones were found. The drivers of said trucks on seeing the complainant party from a distance left the trucks at the spot and ran away. When the complainant and his associates tried to take the trucks with them, 40-50 persons who were indulging in illegal mining, surrounded the complainant party and started quarreling with them. They started pelting stones on the complainant party and their vehicles. As a result of which wind-screen of the jeep of DSP bearing registration No.HR-26J-7993 was smashed and the Tirpal (cover) of jeep of SDM bearing registration No.HR-27-2700 was torn and the bonnet was dented. Thereafter, SDM and the police officials called additional force from the nearby Police Stations Nuh, Tawru and Gurgaon. Thereafter, Sub Divisional Magistrate announced on public address system that the stone pelting should be stopped otherwise the police will start firing gun-shots. However, when the warning did not have a positive effect, the police was ordered to open fire in the air. As more people started pelting stones on the complainant party and also blasted a nearby mine, police fired 10-12 gun shots, as a result of which assailants ran away through the hilly path. As the assailants had indulged in illegal mining and had assaulted the government servants and had also attempted to kill them, therefore, on the basis of complaint Ex.PJ, formal FIR Ex.PG/1 was registered against the accused.
(2.) From the spot, 1 kg. explosive as well as 3 meter safety wire was also recovered and the same were taken into possession vide recovery memo Ex.PE. Rough site plan Ex.PL of place of occurrence was also prepared. During the course of investigation, explosive and fused wires were got tested from the laboratory which submitted reports Ex.PA and Ex.PA/1. After the completion of investigation, challan was presented against the accused in the Court. Accused were charge sheeted under Sections 148/353/307/427/149 IPC to which they pleaded not guilty and claimed trial.
(3.) The prosecution examined Shiv Parshad Sharma as PW1, Rajbir Singh as PW2, HC Jai Kishan as PW3, DSP Sh.M.S.Bhatti as PW4, Ved Parkash, Mining Inspector as PW5, Har Gian, Patwari as PW6, ASI Harender Singh as PW7, Om Parkash Dahiya as PW8, ASI Mahipal as PW9, Narender Mohan Monga as PW10, Virender Singh as PW11, Constable Tejpal Singh as PW12, Sub Inspector Satender Kumar as PW13, Ashok Kumar as PW14 and ASI Phool Singh as PW15.;