Kuldip Singh, J. - (1.) BY this single judgment, I shall dispose of two connected criminal appeals i.e. CRA No. S -1389 -SB of 2004 filed by Jasbir Singh @ Javri @ Jabbar Singh, Shamsher Singh @ Chhammi, Sumer and Raj Kumar @ Raju and CRA No. S -1531 -SB of 2004 filed by Jagpal and Rattan Singh. All the six appellants were convicted by learned Addl. Sessions Judge, Fast Track Court, Karnal for the offences under Sections 399 and 402 IPC, whereas accused Jasbir Singh @ Javri @ Jabbar Singh and Jagpal were also convicted under Section 25 of the Arms Act. All the accused were sentenced to undergo rigorous imprisonment for seven years each under Section 399 IPC. They were also sentenced to undergo rigorous imprisonment for five years each under Section 402 IPC. Accused Jasbir Singh @ Javri @ Jabbar Singh and Jagpal Singh were also sentenced to undergo rigorous imprisonment for six months each under Section 25 of the Arms Act. All the sentences were directed to run concurrently.
(2.) NO one has appeared on behalf of the appellants Jagpal and Rattan Singh. On the asking of the Court, Mr. J.S. Virk, Advocate has argued the case on behalf of all the accused -appellants. The prosecution story is that on 26.06.2003 Sube Singh, Assistant Sub Inspector, CIA -II, Karnal alongwith a police party consisting of Head Constable Ram Singh, Head Constable Azad Singh, Constable Satish Kumar, Constable Arvind, Constable Mahender Singh and Constable Rattan Singh was present in Sector -4, Karnal in connection with crime detection. In the meanwhile, a secret information was received to the effect that accused Jasbir Singh @ Javri @ Jabbar Singh, Shamsher Singh @ Chhammi, Jagpal, Rattan Singh, Raj Kumar @ Raju and Sumer Singh armed with deadly weapons were planning to commit dacoity at the liquor shop at Meerut Road, Karnal. On receiving the secret information, ASI Sube Singh formed three raiding parties, one headed by himself and other two headed by H.C. Ram Singh and H.C. Randhir Singh. When the police parties reached near the platform of the electrical poles of the power supply near Ganda Nala (cesspit) Sector -5, Karnal, ASI Sube Singh over heard the conversation of accused wearing blue shirt. One of the person/accused was giving instructions to other accused to the effect that at night they will commit dacoity at the liquor shop situated at Meerut Road, Karnal. ASI Sube Singh further over heard that he and his co -accused Jagpal will keep the pistol loaded, Shamsher Singh @ Chhammi will keep himself armed with knife. Sumer Singh armed with saria (iron rod) will catch hold the salesman. Rattan Singh and Raj Kumar @ Raju will snatch the amount. It was further over heard that after committing the crime, Rattan Singh and Raj Kumar @ Raju will go ahead along with the cash whereas the other persons will follow them. The police parties surrounded the accused from three sides. After hearing the conversation of the accused, ASI Sube Singh gave a warning, calling upon the accused to come out and surrender before the police. Thereafter, two accused Rattan Singh and Raj Kumar @ Raju ran away from the spot whereas the other accused were apprehended along with their respective weapons.
(3.) THE search of Jasbir Singh @ Javri @ Jabbar Singh and Jagpal resulting in the recovery of one country -made pistol each of.315 bore. One cartridge each was found loaded in the said pistols and one extra live cartridge each was also recovered from their pockets. The said pistols were taken into possession through different recovery memos and rough sketches of pistols were prepared.;