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2018 Supreme(P&H) 1853
IN THE HIGH COURT OF PUNJAB AND HARYANA
ANIL KSHETARPAL, J.
RANJIT KUMAR – Appellant
Versus
STATE OF PUNJAB – Respondent
CRA-S No. 2062-SB of 2016 (O&M)
Decided on : 26-06-2018
Advocate Appeared:
For the Appellant :Jasdev Singh Mehndiratta, Advocate Gaurav Sharma
For the Respondent: V.G. Jauhar, Sr. DAG, Punjab
IMPORTANT POINT
.
Headnote:Indian Penal Code, 1860, S.399 – Dacoity – Acquittal – Prosecution story that on secret information about presence of some anti social elements in a vacant plot, raid was conducted – On seeing police accused flee by scaling up the wall and after jumping suffered fracture on leg and was apprehended – Accused acquittal – Held;
(i) If one falls after jumping over the wall injury is likely to be on one side and not on left leg and right arm;
(ii) Once accused had suffered fracture of left leg, effort to escape (as per prosecution) does not appear to be plausible;
(iii) Allegation that there were five persons and on seeing police three of them went to roof through stair case – However, in none of the layout plan, the stair case has been shown;
(iv) Further, it is the case of the prosecution that secret information was received and name and the address of the accused was already available with the police before the raid was conducted.
(v)Case not proved beyond reasonable doubt – Accused acquitted. (Para 10)
ANIL KSHETARPAL, J.
1. Arguments were heard. Judgment was reserved. The judgment is being released.
2. By this judgment, three appeals bearing CRA-S-2062-SB-2016, CRA-S-2930-SB-2017 and CRA-S-3456-SB-2017 shall stand disposed of. The appeals are being decided together as all the appeals are arising from one police raid, wherein the prosecution registered as many as 8 FIRs.
3. Vide a detailed judgment dated 06.04.2018 passed in CRA-S- 3195-SB-2016 and four other connected appeals. This Court has found that the prosecution has failed to prove the case against the appellants beyond reasonable doubt. The aforesaid judgment deals with the First Information Report registered under Sections 399, 402 of Indian Penal Code. All the three appellants in the present appeals were also appellants in the aforesaid appeals. For facility of reference, the facts which are common are being noticed from CRA-S-2062-SB-2016. The facts as noticed by the trial Court are as under:-
"Prosecution story: On 19.01.2015 Inspector Sukhjinder Singh (2nd) of PS Division No.3 Pathankot joined the other police officials at various police stations headed by Inspector/SHO Sukhjinder Singh (Ist) of PS Division No.1 Pathankot, on receipt of directions from DSP Manoj Kumar, at Khaddi Bridge, Pathankot. All the police officials were told to search one compound surrounded by a boundary wall. The police party headed by Inspector Sukhjinder Singh (2nd) of PS Division No.2 Pathankot cordoned the said compound by stationing themselves on the western side. After sometime accused Ranjit Kumar aforesaid jumped out of the said compound by scaling the wall and fell down on a big stone injuring his right arm and left leg. He tried to flee but was nabbed by SHO Sukhjinder Singh (2nd) with the help of his companions and interrogated him about his profile.
SHO Sukhjinder Singh (2nd) told the accused that he suspected some intoxicant material with him and thus his search was to be conducted. He apprised the accused of his legal right to opt his search from him, some gazetted officer or Magistrate. The accused opted his search from gazetted police officer regarding which non consent memo Ex.PW6/A was prepared. DSP Manoj Kumar, who had already reached at the spot, was apprised of the facts by Inspector Sukhjinder Singh (2nd). DSP Manoj Kumar also apprised the accused of his legal right to opt his search from him, some gazetted or Magistrate. The accused reposed confidence in DSP Manoj Kumar and opted his search as such by executing consent memo Ex.PW4/A. On the directions of DSP Manoj Kumar and in his presence Inspector Sukhjinder Singh (2nd) conducted search of the accused which led to recovery of 320 grams of intoxicant powder wrapped in a glazed paper from the pocket of the jacket of the accused out of which two samples each of 10 grams were separated into two separate parcels and the residue was put into the third parcel. All the parcels were sealed by SHO Sukhjinder Singh (2nd) with his two seals of mark SS. The DSP also sealed the parcels with his seal of mark MK. They prepared samples Ex.P1 to Ex.P3 of their seals on form Ex.PX. Inspector Sukhjinder Singh (2nd) handed over his seal to SI Kuldeep Kumar whereas the DSP retained his seal with him. Seizure memo Ex.PW4/B was prepared.
On further search of the accused one country made pistol of 303 bore loaded with one live cartridge was recovered from the dub of his pants. Two more live cartridges of same bore was recovered from the right pocket of his pants. Sketch Ex.PW4/D of the pistol was prepared. Pistol and cartridge were also taken into possession by preparing recovery memo Ex.PW4/C. Ruka Ex.PW10/B was sent to the police station on which basis FIR Ex.PW10/C under section 21/22 of the Narcotic Drugs and Psychotropic Substance Act (for short the Act) and 25 Arms Act was registered against the accused. Arrest-cum-intimation memo Ex.PW6/B, personal search memo Ex.PW6/C and site plan Ex.PW10/A were also prepared at the spot. R
