Full Judgment Text
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PETITIONER:
HARJIT SINGH AND ANR.
Vs.
RESPONDENT:
STATE OF HARYANA
DATE OF JUDGMENT: 21/07/1998
BENCH:
G.T. NANAVATI, S.P. KURDUKAR
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati, J.
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.