- (1.) This appeal is directed against judgment and order dated 8.8.2014, passed by the High Court of Punjab and Haryana, whereby Criminal Appeal No. S-1389-SB has been dismissed, and conviction of accused (appellant) Jasbir Singh @ Javri @ Jabbar Singh, recorded by the Additional Sessions Judge, Fast Trek Court, Karnal, has been affirmed in respect of offences punishable under Sections 399 and 402 of the Indian Penal Code (IPC) and one punishable under Section 25 of Arms Act. However, the sentence awarded by the trial court to the appellant under Section 399 IPC has been reduced to the period of imprisonment for five years.
(2.) Heard learned counsel for the parties and perused the papers on record.
(3.) Prosecution story in brief is that on 26.6.2003, PW-6 Sube Singh, Assistant Sub Inspector, Karnal, along with PW-4 Head Constable Ram Singh, PW-1 Constable Satish Kumar, and four others, namely, Head Constable Azad Singh, Constable Arvind, Constable Mahender Singh and Constable Rattan Singh (none of last four examined), was on duty in connection with detection of some crime. He received a secret information that appellant Jasbir Singh @ Javri @ Jabbar Singh, and co-accused Shamsher Singh, Jagpal, Rattan Singh, Raju and Sumer Singh, armed with deadly weapons, were planning to commit dacoity in a liquor shop on Meerut Road, Karnal. On receiving the information, Assistant Sub Inspector Sube Singh and other police officials proceeded towards electric pole, Ganda Nala, Sector 5, Karnal. It was 1.20 p.m. (noon) when the police party observed that all the accused were in blue shirts. The police team further went near the miscreants and heard the conversation of the appellant and co-accused that they would commit dacoity in the night in the liquor shop on Meerut Road, Karnal. After hearing the conversation, the police officials surrounded and apprehended four of the accused. They succeeded in arresting appellant Jasbir Singh @ Javri @ Jabbar Singh and recovered from his possession one country made pistol (Ex. PD) with two live cartridges of .315 bore. The police party further succeeded in apprehending co-accused Shamsher Singh @ Chhammi, Jagpal and Sumer Singh. On personal search of Shamsher Singh one knife (Ex. PF) was recovered, and one Saria (Iron Rod) (Ex. PG) was recovered from Sumer Singh. From accused Jagpal one country made pistol loaded with cartridge (Ex. PE) was said to have been recovered. The other two accused, namely, Rattan Singh and Raj Kumar @ Raju succeeded in running away from the spot.;