VINIT KUMAR MATHUR,J. - (1.) The present two D.B. Criminal Appeal No. 221/2015 instituted by Sh. Bhagwan and D.B. Criminal Appeal No.392/2015 by Ramveer and Ram Lakhan @ Lakhan are being decided by this common judgment as they arise out of impugned judgment dated 25.02.2015, passed by the Additional Sessions Judge, Badi. The appellants have been convicted and sentenced as under:- JUDGEMENT_114_LAWS(RAJ)12_2016_1.html All the sentences were ordered to run concurrently by the trial Court.
(2.) The facts arising in the present appeal are that a written report Ex.P-17 was submitted to S.H.O Police Station, Sarmathura Camp Hospital, Badi by Dinesh Vashistha (PW-6) S.H.O., Badi. It was stated in the written report that today on 06.05.2008, Dinesh Vashistha S.H.O Police Station, Badi received an information through an informant at 1:00 PM that Gyani decoit along with his Gang and arms will go towards Vidharpur. This information was submitted to Superintendent of Police, Dholpur on telephone. In pursuance of which Anti-Decoits-Force Team from Dholpur comprising of Vimal Kumar A.S.I, Mahaveer Singh, Balvinder Singh, Lakhan Singh, Rohitash and Sonveer Singh, Laxman Singh and Driver Dharmendra reached Police Station at around 3:00 PM along with their weapons. At 04:30 PM, the S.H.O., Badi along with A.D.F. Team and Police Constables, Ajay Singh, Jai Dev Singh, Than Singh, Rajesh, Suresh Kumar, Krishan Murari and Driver Ramnath along with their weapons started in the Government Jeep and Gypsy towards Vidharpur. Near Vidharpur, the informant informed that Gyani decoit along with his gang is traveling towards Vidharpur by the metal road, he can also fire. On this information, the main road near Devata Kathan near Vidharpur was blocked by putting stones and the Police Party divided themselves into two groups in which one party was led by Vimal Kumar, A.S.I along with some Constables and the other party was led by the S.H.O himself along with some Constables. The Government Vehicles were parked at some distance in hiding and both the Police Parties took positions behind some stone structures present near the road. The distance between the two Police Parties was about 10 metres. While they were waiting for the accused persons to come at around 05:30 PM, they saw a Jeep coming from the Vidharpur and approaching towards Dompura. On this all the members of the Police Party were informed and put on alert.
(3.) As soon as the Jeep stopped at the place where the stones were lying on the road, the armed persons got out of the Jeep and tried to remove the stones. Out of those accused persons the S.H.O (PW-6) recognised Gyani @ Lara son of Babu Lal Meena resident of Sunipur, Badi who was having 306 Bore Rifle and a Belt of Cartridges around his neck. Four more armed persons were there to whom the S.H.O cautioned and warned that they have been encircled by police, therefore, they should surrender. On this, the accused persons found themselves traped by the Police Party started indiscriminate firing on them with the intention to kill. The Police Party also in their self-defence intermittently gave return fires and constantly were warning the accused persons to surrender. Vimal Kumar, A.S.I while chasing one of the accused was fired by Gyani @ Lara and sustained the grievous injuries on his back. While the accused persons fired, Constables Suresh, Krishan Murari and Jaidev got injured. Thereafter with the help of the other Members of the Police Party all the accused persons were nabbed on the spot who disclosed themselves as Gyani @ Lara, Shri Bhagwan, Mahesh, Ram Lakhan and Ramveer. All these 5 accused persons were holding weapons/fire arms along with cartridges. It was also mentioned in the report that certain fires were also made by the Police Party.;