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2023 Supreme(HP) 595

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
TARLOK SINGH CHAUHAN, RANJAN SHARMA
Jagat Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajiv Jiwan, Sr. Advocate with Mr. Vijay Panchta and Mr. Hitender Verma, Advocates, Mr. Prashant Sharma, Advocate
For the Respondent: Mr. I.N. Mehta, Mr. Y. W. Chauhan, Sr.A. Gs. With Mr. Ramakant Sharma, Ms. Sharmila Patial, Addl. A.Gs and Mr. J. S. Guleria, Dy. A. G.

JUDGMENT :

Tarlok Singh Chauhan, J.

Since both these appeals arise out of a common judgment of conviction and sentence passed by the learned Special Judge, they were taken up together for consideration and are being disposed of by a single judgment.

2. The case of the prosecution in brief is that on 07.07.2015 SI Ankush Dogra alongwith HC Naresh Kumar No. 86, HC Harjit Singh No. 89, HHC Jagtar Singh No. 270, HHC Mukhwant Singh No. 422, C- Vikram Singh No. 249 and HHC Rajinder No. 328, left from Police Post Tahliwal for 'Nakkabandi' at Tahliwal Road vide Rapat No. 18. The nakka was laid at place Nangal Kalan near Rubber Tyre Factory on Tahliwal-Bathri road. At about 9:55 pm, a motor cycle came from Bathri side. The motorcyclist was asked by the police to stop for checking documents etc. He disclosed his name as Jagbir Rana, resident of village Palkwah, Tehsil Haroli, District Una, H.P. When the documents of motorcylce were being checked, one Maruti Swift Car of white colour bearing registration No. HP-24D-1666 came and behind this car a truck bearing registration No. HR-63-4638 was coming from Bathri side. Both these vehicles i.e. Car and Truck were stopped for the purpose of checking

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