Kanwaljit Singh Ahluwalia, J. - (1.) THE Court of Additional Sessions Judge, Kurukshetra had tried the Appellants in a case FIR No. 31 dated 31.01.2001 registered at Police Station Sadar Thanesar under Sections 399 and 402 of IPC and Section 25 of the Arms Act, 1959. After conclusion of the trial, the Court vide its impugned judgment dated 26th April, 2002 held the Appellants guilty of an offence punishable under Sections 399 and 402 IPC. Appellants Suba Singh and Rajinder Singh alias Kuka were also held guilty of an offence punishable under Section 25 of the Arms Act, 1959 (hereinafter referred to as, 'the Act'). Vide a separate order dated 27th April, 2002, the trial Court sentenced all the accused Appellants to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/ -each, in default of payment of fine to further undergo rigorous imprisonment for three months under Section 399 IPC. They were further sentenced under Section 402 IPC to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,000/ -each, in default of payment of fine to further undergo rigorous imprisonment for two months. Appellants Suba Singh and Rajinder Singh alias Kuka were also sentenced under Section 25 of the Act to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/ -each, in default of payment of fine to further undergo rigorous imprisonment for one month. All the substantive sentences were ordered to run concurrently.
(2.) IN the present appeal, conviction recorded and the sentence awarded to the Appellants has been assailed. A police party, headed by Gurdawaya Ram, SI, CIA Staff, Kurukshetra PW -8, on the night of 31st January, 2001 in a Govt. jeep driven by Mohinder Singh driver, was on duty for detection of crime. At that time, they received a secret information that Gulzar Singh, Bhupinder Singh and Richhpal Singh, residents of Ram Nagar, Rajinder Singh alias Pali resident of Haldaheri and Suba Singh resident of Salpani Kalan had assembled in an abandoned hotel for making preparations to rob the persons or vehicle at the GT road. The accused were also having a Tata Sumo bearing registration No. HR 07 -D 6386. The special informant informed that in case a raid is conducted, the accused can be caught red -handed. The police party organized itself and reached behind the above said hotel after parking their vehicle at some distance and found that the above said Tata Sumo was parked in front of the hotel. The police party cordoned off the area. The police personnel also heard the conversation of the accused, who were sitting inside the hotel. The accused were saying that they shall loot the passengers after stopping the cars or Sumo on the GT road. The plan, which was being hatched and was overheard by the police personnel, was that Gulzar Singh will stop the vehicles by standing in front of them and remaining persons shall commit the robbery of the passengers after putting them under fear by showing the pistols. After commission of the loot, they will proceed towards Babain road in the Tata Sumo. After the plan was overheard, Gurdawaya Ram PW -8 raised a lalkara and said that the area has been cordoned off and the accused should surrender themselves before the police. He also flashed a big torch light. The accused made an attempt to run away but all the five accused were nabbed by the police party. On interrogation, they disclosed their names. Suba Singh was armed with a 315 bore pistol along with two live cartridges. Rajinder Singh alias Kuka was also having a 315 bore pistol in his hand along with two live cartridges. Gulzar Singh was armed with a Gandasi of iron and Richhpal Singh alias Pali was armed with a Kirpan, whereas Bhupinder Singh was having a toy pistol of plastic in his hand. A rough sketch of the above said recovered weapons was prepared separately. The weapons were taken into possession and were sealed with a seal 'GR'. The seal after use was handed over to SI Des Raj and all the five accused were arrested for an offence punishable under Section 399 and 402 IPC and Section 25 of the Arms Act. After arrest of the accused, a ruqa Ex.PE/2 was sent to the Police Station on the basis of which a formal FIR Ex.PE was registered.
(3.) THE above said FIR was investigated and a report under Section 173 Code of Criminal Procedure was submitted.;