- (1.) THIS order will dispose of aforementioned appeals as these have emerged out of the same judgment dated 07.04.2005 passed by the Additional Sessions Judge (Adhoc), Patiala whereby Shakeel Ur Rehman appellant has been convicted and sentenced for offence punishable under Section 411 of the Indian Penal Code and 25 of the Arms Act and Jang Bahadur appellant has been convicted and sentenced for offence punishable under Section 411 IPC, detailed hereinbelow: -
(2.) THE facts relevant for disposal of appeals, recapitulated from the judgment passed by the trial Court read as follows: - Jassa Singh PW4 sent a ruqa alleging that on the intervening night of 10/11.08.2003, he along with a police party was present at bus stand village Bibipur in connection with patrolling and for checking Thikri Phera and search of suspected persons. He received information that Avtar Singh @ Tari and Gurvinder Singh @ Kala, involved in terrorist activities, have established their link with terrorists of Jammu and Kashmir, involved in exchange of arms and ammunition with militants and accused Shakeel Ur Rehman, Farooq Ahmed Bhatt (since deceased) and Jang Bahadur are with them in Esteem Car No.JK01 -F -9322 and Zen Car No.PB13L -6233. It was also informed that the aforesaid accused may commit some serious crime and they can be apprehended with arms and ammunitions. It was also informed that Gurvinder Singh @ Kala used to wear uniform of police, put red light and hooter on the car and hoodwink the police officials. Ruqa Ex.PG was sent to the Police Station on the basis of which, formal FIR under Sections 399, 400, 402, 171 IPC and 25 of the Arms Act was registered.
(3.) INSPECTOR Jassa Singh held a Naka in the area of Nawan Gaon and ASI Balbir Singh PW3 was directed to hold Naka at Bhakra Canal Bridge, Patiala Road, Samana. He (Jassa Singh) along with police party left for search in village Dhanauri etc. When the police party reached near village Nizamniwala, Sukhdev Singh Sarpanch met him while taking morning walk and he was joined with the police party. When they reached just ahead of Khirki Chowk, two cars were seen coming and the police party rushed their zypsy towards them. One Esteem Car crossed them towards the side of village Karhali. Police Party stopped the zypsy, parked it in a manner so as to stop the Zen car following the Esteem car. Zen car white colour bearing No.PB13L -6233 was stopped, the car was driven by Jang Bahadur and there was a bag under his feet. On search of bag, 112 rounds of AK47, two empty cartridges of AK47, 18 empty cartridges of 7.62 rifle and 10 empty cartridges of 38 bore were recovered from the bag, taken into police possession vide memo Ex.PA. The other two persons sitting on the back seat of the car disclosed their names as Shakeel Ur Rehman and Farooq Ahmed Bhatt. On search of Shakeel Ur Rehman, a 32 bore revolver of Reign make was recovered from his right dub and on unloading, 5 live cartridges were recovered and another 5 live cartridges were recovered from left pocket of his pants, taken into possession vide memo Ex.PC. Search of Farooq Ahmed Bhatt led to recovery of one 445 bore pistol and 7 live cartridges from his pocket, taken into possession vide Ex.PD. Search of the car resulted in recovery of bag of uniform of inspector containing complete uniform, one hooter, one red light, taken into possession vide memo Ex.PB. Zen car No.PB13L -6233 was taken into police possession vide memo Ex.PF. During investigation, Avtar Singh @ Tari and Gurvinder Singh @ Kala were declared proclaimed offenders. On completion of investigation, challan was presented in the Court against Jang Bahadur, Farooq Ahmed Bhatt and Shakeel Ur Rehman.;