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1. These two jail appeals, one filed by Maniram Thore s/o Kesraram- and another by one Ram Swaroop, s/o Jeewan Ram, are directed against the judgment of the learned Additional Sessions Judge No. 1, Hanumanagarh, Camp Sangariya, dated 30-11-1990.

2. The learned Judge has held the accused appellants guilty of the offences under 302/34 IPC, 307/ 34 IPC, 353/34 IPC and under Sections 25(i)(a) and 27 of the Arms Act and in addition accused Maniram has been held guilty of the offence under Section 411 IPC. For the offence under Section 302/34 IPC both have been sentenced to life imprisonment, along with a fine of Rs. 100/- each. For the offence under Section 307/34 IPC, they have been sentenced to 7 years rigorous imprisonment together with a fine of Rs. 100/-each. For the offence under Section 353/34 IPC both of them have been sentenced to one year's rigorous imprisonment and for the offence under Section 25(1 )(a) and Section 27 of the Arms Act, both have been sentenced to one year's rigorous imprisonment on each count along with a fine of Rs. 50/-on each count. For the offence under Section411 IPC, accused Mani Ram has been sentenced to two years' rigorous imprisonment. In default of payment of the amount of fine, each one of them has been sentenced to one month's rigorous imprisonment. Both of them have been acquitted of the offences under Sections 392 and 397 IPC.

3. Accused Madan Lal was also held guilty of the offence under Section 25(i)(a) of the Arms Act and was sentenced to one year's rigorous imprisonment together with a fine of Rs. 50/-. In default of payment of fine he was ordered to undergo 15 days' rigorous imprisonment. However, he was acquitted of the offence under Sections 302/34 IPC, 307/34 IPC, Section 353 IPC and Section 27 of the Indian Arms Act. He has preferred no appeal.

4. Facts necessary to be noticed for the disposal of these appeals, as are revealed from FIR No. 133/81 lodged by one Ram Rakh, marked as Ex. P/43 and as revealed by the judgment of the learned Addl. Sessions Judge, Sirsa dated 28-12-1982 and the appellate judgment rendered by the Division Bench of the Punjab and Haryana High Court in Cr. Appeal No. 763/82 decided on 4-4-83 show that accused Mani Ram is a previous convict in several cases.

6. It is alleged that S.H.O., Sangariya received instructions from Addl. S.P., Hanumangarh, for the checking of stolen vehicles and, therefore, Shri Gopala Ram, S.H.O., Sangariya, along with Charan Singh, ASI, Manraj, Sultan Singh, Murlidhar, Satya Narain and Ram Niwas, Constables, went to Ratanpura Triangle for Nakabandi, i.e., to check the vehicles there. They went in Jeep No. JKT 5668 which was driven by Raju Ram Raika. After going to Ratanpura Tiraha (Triangle) where Teebi to Sangariya road meets the road Sangariya to Hanumangarh, they stopped the jeep near the Triangle of the road and Shri Gopala Ram, S.H.O., Shri Charan Singh and the Driver were sitting in the jeep and the rest of the police personnel were asked to stand on the road and to check the vehicles. It is alleged that while standing there, these persons heard two shots of gun fire from the side of village Chutala. On this, S.H.O., Gopala Ram, asked his police personnel to keep a strict vigil on the vehicles that are passing that way and after some time they saw that this Tractor H RN 3677 ascending the road from Sangariya to Hanumangarh and coming towards their side. It is alleged that the police party made a sign to the Tractor to stop but it did not stop. The persons sitting on the Tractor fired at the police party which was standing at the opposite side of the road, i.e. towards the western side of the road going from Sangariya to Hanumangarh. When the Tractor did not stop at the sign given by the police personnel, the driver put on the lights of the Jeep which was standing near the Triangle of the road and in the light of that jeep they saw that accused Mani Ram and Ram Swaroop were sitting on the Tractor and the Tractor was being driven by Madan. Mani Ram and Ram Sukh both were armed with rifles and Madan Lal was driving the Tractor. When the Tractor did not stop, then they put their jeep behind the Tractor to chase it and stop it. The jeep went to a distance of about 200 yards behind the Tractor. At that point of time the accused persons stopped the Tractor in the middle of the road with its lights on and took positions on both sides of the road and started firing at the police party. Seeing that the police party is being fired at, they stopped the jeep and took positions. When Shri Raju Ram, driver, was alighting from the Jeep, it is alleged that he was hit by a shot fired by the accused-side and he fell down at place 'G' in Ex. P/16 and died. The encounter took place for about 3 or 31/2 hours. When it was informed to the SHO, Shri Gopala Ram that Rajuram has been hit and he has died, he asked the police personnel not to leave the place and in the meanwhile he asked two constables, Shri Satya Narain and Shri Sultan Singh to go to the Police Station and report the matter to the higher authorities and bring extra force. Shri Sultan Singh and Shri Satya Narain, after going to police station, lodged a 'rapat' in the 'Rojnamcha' marked as Ex. P/42, at about 4.00 a.m. They informed the Dy. S. P. Shri Prahlad Rai Jewaria, and he immediately came into action and came to the place of the occurrence, i.e. Ratanpura Tiraha, with a police force in a truck and a jeep. He was informed by these two constables that these three persons i.e. Mani Ram, Ram Swaroop and Madan, accused, have engaged the police in an encounter. When Shri Prahlad Rai reached the spot, the S.H.O. immediately informed him that these three persons who were going on a Tractor have taken positions and are firing on the police party and have engaged them in an encounter, in which a shot fired by them has hit the dirver. On this, the Dy. S. P. informed the SHO that he should go to the police station, lodge a 'rapat' of this fact in the Rojnamcha and inform the higher authorities for sending more force and thereafter the police party headed by the Dy. S. P. took position there. On this, Shri Gopala Ram went to Police Station, Sangariya. There he wrote a'rapat' in the Rojnamcha at 4.45 a.m., marked as Ex. P/15 A on the basis of this an FIR has been recorded by him which is bearing No. 153/81 and which has been registered under Sections 302, 307, 353/34 IPC and Section 27 Arm's Act against accused Mani Ram, Madan and Ram Swaroop. After doing this and informing Addl. S. P. Hanumanagarh, he came back at about 6.00 a.m. The site was inspected and Ex. P/16 site plan was prepared. The firing almost stopped after the Dy. S.P.'s arrival. Thereafter, the Dy. S. P. gave instructions to go in search of the accused persons and they went in search of the accused persons. One Khoji's services were also requisitioned, who met them near Mallad khera and the Dy. S.P. and Jaipal Sharma, AS1, went to village Malladkhera. There they saw accused persons near the canal which is situated near the Dhani of Surjaram and Jalawar Singh. In the meanwhile it is alleged that these accused persons went near Nagrana minor, where the field of one Ramkaran is situated. Ramkaran was ploughing his field with a she camel. That was snatched from him and these three accused persons sat on that she camel and went towards Nagrana minor, and there in the Dhani of Surjaram, they forcibly snatched from him the Eisher tractor and when they were trying to escape with that tractor, they were spotted by the police party and an encounter took place between them. Almost 8 rounds were fired by the accused party on the police party and the police party also returned the fire. There after it is alleged that the accused persons went towards village Pirkamadiya. In the way Ram Swaroop jumped from the tractor and escaped. The Addl. S.P. came from the opposite side and the police party headed by Shri Prahlad Rai ,was also following them from the other side and in this process they were over powered by the police party near village Pirkamadiya, the site plan of which has been prepared and marked as Ex. P/23 and site Inspection Memo has been marked as Ex. P/23 A. Mani Ram Thori jumped on some wooden object known as 'suhaga'. He was injured on account of this fall. Accused Mani Ram was arrested vide Ex. P/17 whereas accused Madan was arrested vide Ex. P/18. The site plan of the place of encounter has been marked as Ex. P/19 and the site Inspection Memo has been marked as Ex. P/ 19A. The field of 'Ramkaran from where the she camel was snatched has been marked as Ex. P/20 and the site Inspection Memo has been marked as Ex. P/20A. After the arrest, the she camel was recovered vide recovery memo Ex. P/21 and was given in the Supurdgi of one Jagatpal Jat vide Ex. P/22. The place where the accused persons were over powered and were arrested has been marked as Ex. P/23 and the site Inspection Memo has been marked as Ex. P/23 A. The tractor was seized vide Ex. P/24. After the arrest of the accused, police party headed by the Dy. S.P. came to the place of the occurrence, i.e. Ratanpura Tiraha, and there the site Inspection Memo, Ex. P/ 36 was prepared and tractor Ford bearing No. HRN 3677 was taken in possession vide Ex. P/37. The jeep was seized vide Memo Ex. P/38 and cartidges of 3x3 make which were lying at place marked 'D' in Ex. P/16 from where Mani Ram was firing from his rifle have been seized along with three 3x3 empties bearing mark K.F. on their back were recovered from the place from where Ram Swaroop was firing, vide Ex. P/39. Shri Jewariya went back to the Police Station and there on 25-7-1981 at about 2.00 p.m. he lodged a 'rapat' of the entire incident in the Rojnamcha on the basis of which Ex. P/40, FIR, was prepared. From the place of the occurrence blood smeared soil was also recovered. The post-mortem of the dead body of the deceased was got conducted. The post mortem report has been marked as Ex. P/1. The blood stained clothes of the deceased were also taken into possession and they were sent to the Forensic Science Laboratory for examination. The result of the analysis has been filed as Ex. P/33. The Serologist's report has been produced and has been marked as Ex. P/34. The 3x3 rifle and the empty cartridges were sent to the Forensic Science Laboratory for ballistic examination and its report has been received and has been marked as-Ex. P/35.

35. In the result the conviction and sentence of accused appellants Mani Ram and Ramswaroop under Section 302/34 IPC and the conviction of accused Mani Ram along with sentence recorded under Section 411 IPC are hereby quashed and set aside. As all the sentences recorded under Sections 307/34, 353/ 34 IPC and Section 25(i)(a) & 27 Arms Act have been ordered to run concurrently, thus, if the accused persons are not wanted in any other case or are not undergoing sentence in any other case they be released from custody, if they have served out the sentence imposed against them.