RANBIR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 20.12.2005 & 21.12.2005 respectively wherein appellants Ranbir Singh @ Pappu and Rajesh @ Kala had been convicted under Sections 147/148/186/332/333/342/353 of the IPC. The charge-sheet had been filed against four persons but the other two persons namely Sunil and Dayanand stood acquitted.

(2.) Both the accused/appellants had been sentenced to undergo RI for a period of 1 year for the offence under Sections 147/148 of the IPC; RI for 2 months for offence under Section 186 of the IPC; for offence under Section 332/333, they were sentenced to undergo RI for 2 years and to pay a fine of Rs.500/- each; for the offence under Section 342 of the IPC, they had been sentenced to pay a fine of Rs.500/- each; for the offence under Section 353, they had been sentenced to undergo RI for 1 years. There was a further direction that in default of payment of fine, the convicts would undergo RI for 3 months. All the sentences were to run concurrently. Benefit of Section 428 of the Cr.P.C. had been granted to the appellants.

(3.) Record shows that on 02.09.1997, a police party comprising of special staff, south-west district were on patrolling duty and had proceeded from Dhaula Kuan to Najafgarh. The parties comprised of HC Anand Prakash (PW-2), constable Abhay Singh (PW-1), constable Vijender (PW-12) and constable Ashok Kumar (PW-8). At about 11 PM, they reached the Dhasa bus stand, Najafgarh. A secret information was received that Rajesh and Ranbir were loading liquor in their truck; on receipt of this information, the police party proceeded towards Prem Nagar; a truck was spotted lying parked in a vacant plot. Accused Pappu and Rajesh were present there. Liquor was being unloaded from the truck and load into a Tata vehicle; members of the raiding party felt that they would be outnumbered by the accused; they accordingly thought of going back for reinforcement. In the meanwhile, the accused saw the police party and did not allow them to escape. The accused persons exhorted them; Pappu and Rajesh were accompanied by other companions. PW-2 managed to escape; he gave the information about the incident at the local police station of Najafgarh. This information was passed on to SI Bhagwati Prasad (PW-14) who reached the spot. The miscreants had in the meanwhile ran away along with the truck and tempo. In this incident, PW-8, PW-12 and PW-1 sustained injuries. They were medically examined at the Safdarjung Hospital. The MLC of PW-8 (ExPW-4/2) revealed a fracture; his injury was opined to be grievous. The accused persons were arrested on 08.09.1997.