Harjit
Singh & Anr Vs. State of Haryana [1998]
INSC 344 (21 July 1998)
G.T.
Nanavati, S.P. Kurdukar Nanavati, J.
ACT:
HEAD NOTE:
The
appellants are challenging their conviction under section 457, 392, 397, 307
and 332 all read with Section 34 IPC and also under Section 5 of the TADA and
Section 27 of the Arms Act.
Learned
counsel for the appellants has taken us through the evidence of ASI - karam
Singh - PW 3 and Head Constable - Tarvinder Singh - PW 5, who were the
eye-witnesses and that of P.C. Goel, who was working as an assistant in he
Alembic medical Store, situated near sirhand Club, Ambala cantt. The evidence
of P.C. Goel PW 4 clearly establishes that a theft of medicines worth Rs. 1,12,000
took place in the Alembic Medical Store. The evidence of the two eye- witnesses
clearly establishes that on seeing PW 3 - Karam Singh approaching towards them
the accused started their car and tried to knocked down PW 3 - karam Singh, who
was approaching them on scooter. The evidence also establishes that the person
sitting in the car started firing at them and therefore ASI - Karam Singh was
required to fire three shots from his revolver.
The Designated Court has considered their evidence and
given good reasons to accept it. We see no reason to differ from the view taken
by the Designated Court. Once their evidence is believed,
all the offences alleged against them stand established.
The
appeal is dismissed accordingly.
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