Order
07/03/2025
Instant criminal appeal has been filed by the appellant/State
against the judgment and order dated 23.11.2016, passed by
learned Addl. Sessions Judge No.2, Sriganganagar, in Sessions
Case No.36/2012 (22/2007) whereby the learned trial court
acquitted the respondent No.1 for offence under Section 307/34
IPC and Section 3/25(1)(B)(A) of Arms Act and respondent No.2
for offence under Section 307/34, 279/34 of IPC and Section
3/25(1)(B)(A) of Arms Act.
Briefly stated, the prosecution case as set up is that on
18.02.2007, Sub Inspector Manoj Machra submitted a seizure
memo, to the effect that he received a secret information that
some illegal activities are conducted. Upon arriving at the location,
[2025:RJ-JD:13017] (2 of 5) [CRLA-2096/2017]
it was observed that a white Ambasador car parked outside with
the respondent No.2 and unloading a box. They quickly left the
box upon seeing the Police Jeep and fled in the car with the driver.
Upon inspection, the box contained 12 bottles of liquor. The Police
seized the box and pursued the car, which sped away recklessly
towards Karanpur. The occupants of the car attempted to attack
the Police with intention to kill. On the basis of the said report,
Police registered a case against the accused-respondents and
started investigation.