The prosecution must prove its case beyond a reasonable doubt, and the court has a duty to critically examine the evidence, especially in the absence of independent witnesses.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Appellants have assailed correctness and validity of judgment of conviction passed by Additional Session Judge, Sonipat in a criminal case arising out of FIR No.402 dated 11.10.2014 registered under Sections 186, 353, 307, 34 IPC and 25 of Arms Act, sentencing appellants in the following manner:-

2. Case of the prosecution as noticed in the impugned judgment is extracted as under:-

"2. The brief facts of the present case are that on 11.10.2014, ASI Hari Om alongwith ASI Dharambir, HC Naveen, Constable Sanjay, Constable Anil and Constable Vinit was present at Kami Road Beypass T-point for election patrolling duty in Government vehicle bearing registration No.HR 45B-1008 being driven by its driver Constable Sandeep, then a secret informer met ASI Hari Om and informed that Sushil @ Sheela son of Suresh, resident of Panchi Jattan and Ramesh son of Ram Kishan, resident of Naya Bansh will be coming on a motor cycle without number plate from the side of G.T.Road and with illegal arms and ammunition in a large quantity and that they would go to village Panchit Jattan from the said way. On believing the information to be trustworthy a separate rojnamcha was reduced into writing and sent through Constable Vinit to the Police Station Sadar, Sonepat. ASI Hari Om shared this information to the fellow police officials and a nakabandi was done at T-point Kami Road, Sonepat. The secret informer was freed. After some time two youngsters were seen coming on a motor cycle from G.T.Road side and ASI Hari Om signaled to stop them, however, both the youngsters took out pistols from their pockets and fired at the police party with an intention to kill them, but HC Naveen and Constable Sanjay narrowly escaped. Thereafter, both the youngsters fled away towards the fields in northern side after leaving the motor cycle at the spot, but they were apprehended by the police party. ASI Hariom also fired from Government pistol in the air in the defence of police party and to apprehend the accused. The youngster apprehended by ASI Hari Om with the help of HC Naveen and Constable Sanjay on inquiry disclosed his name as Ramesh son of Ram Kishan, caste Naya Bans and from his personal search one country made pistol of .315 bore alongwith one live cartridge was recovered. One more loaded country made pistol of .9 mm with two live cartridges in the magzine were found lying near the right foot of Ramesh upon the earth. The other youngster apprehended by ASI Dharambir, Constable Anil and Constable Sandeep on inquiry disclosed his name as Sushil @ Sheela son of Suresh, caste Jat, resident of Panchi Jatan and from his personal search one country made pistol of .315 bore and one live caratridge were recovered. One more country made pistol of .315 bore was found lying present near the left leg of Sushil @ Sheela upon the earth and one empty cartridge was found in the said country made pistol. The accused did not produce any documents regarding the ownership of motor cycle and the same was taken into police possession under section 102 of Cr.P.C. The accused could not produce any permit or licence of the recovered country made pistols and cartridges. The sketches of the aforesaid country made pistols and cartridges were prepared. Separate palandas of the recovered country made pistols and cartridges were prepared and the same were sealed with seal having inscription of "BS" and the same were taken into police possession vide separate recovery memos.

3. On the basis of the aforesaid applic