Kanwaljit Singh Ahluwalia, J. - (1.) THE present appeal has been filed by Appellant Naresh Kumar, who was tried in case FIR No. 208 dated 27.11.1999, registered at Police Station Kharkhoda, under Sections 307, 506, 120 -B read with Section 34 IPC and Section 25 of the Arms Act, 1959 (hereinafter referred to as ''the Act '').
(2.) THE Court of Additional Sessions Judge, Sonepat, vide its judgment dated 15.1.2003, acquitted the Appellant for the offence under Section 307 IPC but convicted under Section 25 of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of ', 2,000, in default whereof to further undergo rigorous imprisonment for a period of three months. The criminal proceedings, in the present case, were set into motion on the statement Ex.PE, made by PW.7 Ved Pal. In his statement, Ved Pal stated that he was a resident of village Chinauli and was doing agricultural work. On 27.11.1999, he along with Rampal and Azad, was going to Kharkhoda for personal work. His uncle Bhagat Singh was murdered by the present Appellant Naresh son of Anoop Singh and Anil alias Bantu, who were on bail. While they were waiting at Scooter Stand, Kharkoda, for returning to their village, at about 5.00 P.M. a white coloured Maruti Car came there. Appellant Naresh, armed with country made pistol, alighted from the car and caught hold of the complainant by his neck and dragged him towards the road. The Appellant was accompanied by Jagta son of Ranbir and Anil alias Bantu. Thereafter, Naresh had fired a shot with an intent to kill the complainant but the same had missed the target. The driver of the said car kept sitting therein. It is stated that the driver of the car can be identified by the complainant lateron in case he appeared before him. Meanwhile, Rampal son of Jai Narayan and Azad came at the spot. On seeing the witnesses, the accused ran away from the spot in the Maruti Car.
(3.) THE above said FIR was investigated and report under Section 173 Code of Criminal Procedure was submitted. The Appellant along with Sanjay, Naresh son of Balbir and Jaibir were committed to the Court of Sessions Judge, Sonepat, for their trial under Sections 307, 506, 120 -B read with Section 34 IPC. On 6.1.2003, the trial Court came to a conclusion that no incriminating evidence has emerged against Sanjay son of Kartar Singh, Naresh son of Balbir and Jaibir son of Sukhbir Singh. Therefore, recording of their statements, under Section 313 Code of Criminal Procedure., was dispensed with and they were acquitted of the charges. However, the trial proceeded against the present Appellant, namely Naresh son of Anoop Singh.;