Jora Singh, J. - (1.) THIS is an appeal preferred by Appellants Balbir Singh and others challenging the judgment of conviction dated 6.11.2002 and order of sentence dated 8.11.2002 passed by Additional Sessions Judge, Barnala arising out of FIR No. 37 dated 8.5.2000, registered under Sections 399/402 of the Indian Penal Code, Police Station Bhadaur.
(2.) BY the said judgment, they were convicted under Sections 402 IPC and 25 of the Arms Act and sentenced as under: 1 Under Section 402 IPC To undergo rigorous imprisonment for four years and to pay a fine of Rs. 500/ - each and in default of payment of fine to further undergo rigorous imprisonment for one month. 2. Under Section 25 of the Arms Act Accused Balbir Singh, Paramjit Singh and Jagjit Singh were sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 300/ - each and in default of payment of fine to further undergo rigorous imprisonment for one month each. Whereas accused Mohan Khan was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 300/ - and in default of payment of fine to undergo further rigorous imprisonment for one month. Prosecution story, in brief, is that on 8.5.2000 police party headed by Jaswinder Singh, Inspector SHO Police Station Bhadaur was present near the bridge of canal of Talewal. Police party was holding a nakabandi then received secret information that Balbir Singh @ Biru, Paramjit Singh @ Pammi, Jagjit Singh and Mohan Khan all residents of village Bihla and Nirmal Singh @ Kala resident of Himmat Pura were present in the ditches near the matti (worship place) on the left side of the canal at a distance of about one and half kilometer and were planning to commit dacoity in some house in the area of village Ramgarh. In case, there is a raid, then they can be apprehended while making preparation for committing dacoity. Taking the information to be credible, a Ruqa was sent to the Police Station on the basis of which formal FIR was recorded. As per secret information, raid was conducted. Four separate parties were constituted. While reaching near the matti in the area of village Talewal, five persons were seen sitting there and with the light of torch they were found to be Balbir Singh, Paramjit Singh, Jagjit Singh, Mohan Khan and Nirmal Singh. On seeing the police party, they tried to fled away. Police party headed by Inspector Jaswinder Singh apprehended Balbir Singh @ Biru and Nirmal Singh. On search of Biru, a country made .12 bore pistol was recovered. Pistol was found to be loaded and was in working condition. After unloading the pistol, one live cartridge was recovered. On search of the accused, one more live cartridge of the same bore was recovered from the right pocket of the pants worn by him. Rough sketch of the pistol was prepared. Pistol was converted into a sealed parcel. Cartridge was also made under sealed parcel. Both the parcels were taken into possession vide separate memo attested by the witnesses. Rough site plan with correct marginal notes was prepared. Ruqa regarding recovery of pistol and the cartridge was sent to the Police Station on the basis of which separate FIR under Arms Act was registered.
(3.) POLICE party headed by SI Gamdoor Singh had apprehended Jagjit Singh and on his search, four live cartridge of .12 bore pistol were recovered from the right pocket of the pants worn by him. Cartridges were made into sealed parcel and the same were sealed with seal bearing impression "GS". Sealed parcel was taken into possession vide separate memo attested by witnesses. Regarding recovery of cartridge, Ruqa was sent on the basis of which separate FIR under Arms Act was registered.;