- (1.) Naresh Kumar son of Imla, Surender Singh son of Chamel Singh, Wazir Singh @ Wazira son of Lakhmi Chander, Anil Kumar @ Bhima son of Devi Dayal and Satwinder @ Ganja son of Hari Ram were nominated as accused in a case arising out of FIR No.378 dated 09.09.1999 registered at Police Station Butana under Sections 399 and 402 IPC. The Court of Additional Sessions Judge, Karnal vide impugned judgment dated 25 th September, 2001 held all the appellants guilty of offences punishable under Sections 399 and 402 IPC and vide a separate order of even date, sentenced them to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.500/- each under Section 399 IPC. A similar sentence was awarded to the appellants under Section 402 IPC. Both the sentences were ordered to run concurrently. It was further ordered by the trial Court that in default of payment of fine, the appellants shall undergo simple imprisonment for a period of 15 days.
(2.) Criminal Appeal No.1138-SB of 2001 has been preferred by Wazir Singh @ Wazira; Criminal Appeal No.1148-SB of 2001 by Naresh and Surender Singh; whereas Criminal Appeal No.1408-SB of 2001 has been filed by Anil Kumar @ Bhima. All the three appeals shall be decided together by this common judgment. As per the affidavit dated 2 nd January, 2012 filed by the Deputy Superintendent, District Jail, Karnal, Satwinder @ Ganja son of Hari Ram had already undergone the entire sentence availing the benefit of remissions.
(3.) Prosecution case emerges in the testimony of ASI Manvir Singh PW-4. He stated that on 9 th September, 1999 he was posted in CIA Staff, Karnal. On that day he along with ASI Suresh Chand, HC Nand Kishore, HC Didar Singh, HC Randhir Singh and Constable Rakesh Kumar, was present in a Government jeep bearing registration No.HR05E-1893 at bus stand Shamgarh. When he was having a conversation with one Thakur Dass, he received a secret information that near the school of village Dadupur Khurd on the G.T. Road five persons were planning to commit dacoity and rob the passersby trucks. The secret informer also informed that the accused were armed with Lathies, Dandas, Saria and Pistols; and that accused Naresh armed with a pistol has been asked to rob the trucks in the darkness. Considering the information to be reliable, a raiding party was prepared and the same was headed by the witness, i.e. ASI Manvir Singh PW-4. They reached near the boundary of school of village Dadupur Khurd, which was a deserted place. The jeep was parked at some distance. The police party moved slowly towards the deserted Kotha and surrounded the same. When they reached near the Kotha, they heard someone inside the Kotha telling that 'Naresh it is now dark we should go for robbing the trucks'. Upon this, the investigating officer gave a lalkara that all the accused have been surrounded by the police and they should surrender themselves. With the help of companion police officials, all the accused were apprehended. The accused so apprehended disclosed their names as Naresh @ Kala, Surender Kumar, Satwinder @ Ganja and Anil @ Bhima. From the personal search of accused Naresh, a .315 bore pistol Ex.P2, along with two live cartridges Ex.P3 and Ex.P4, was recovered and from accused Surender one Danda Ex.P6 was recovered. Similarly, from the personal search of accused Anil Kumar @ Bhima an iron rod Ex.P7 was recovered. Another iron rod Ex.P8 was recovered from the search of accused Satwinder @ Ganja. On 10 th September, 1999 accused Satwinder, Naresh, Anil and Surender were taken out of the lock-up and on interrogation they confessed their involvement in the theft cases registered against them at Police Station City Karnal. All the accused were produced in the Court and their police remand was obtained for a period of three days. This witness further stated that on 10 th September, 1999 they had apprehended appellant Wazir Singh @ Wazira when they were holding a nakabandi and from the personal search of this accused, one pistol of .315 bore was recovered.;