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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.