MAHESH GROVER,J - (1.) THIS judgment will dispose of the aforementioned two appeals directed against judgment of conviction dated 21.5.2004 and order of sentence dated 22.5.2004 rendered by the Court of the Additional Sessions Judge, Fast Track Court, Karnal (hereinafter described as 'the trial Court') vide which all the appellants have been convicted and sentenced to undergo seven years rigorous imprisonment for the offence punishable under Sections 399 of the Indian Penal Code, 1860 (for short 'the IPC') and five years rigorous imprisonment for the offence punishable under Section 402 of the IPC. Besides, the appellants-Arvind Kumar, Ravi Mukhia and Kamlesh have also been held guilty and sentenced to undergo rigorous imprisonment for a period of six months for the commission of offence punishable under Section 25 of the Indian Arms Act, 1959 (for brevity 'the Act'). The trial Court ordered that all the sentences shall run concurrently.
(2.) THE prosecution case rested on the complaint made by Shri Jai Singh, Inspector, CIA, GRP, Ambala Cantt (PW-7), who stated that on 3.9.2003, he along with a police party consisting of Sub-Inspector Dinesh Kumar, Assistant Sub-Inspector Jai Singh, Assistant Sub-Inspector Ramesh Kumar, Constable Surender, Head Constable Ajay Kumar, Constable Balwan Singh, Constable Ramesh Kumar, Constable Joginder Kumar were going from platform No. 2 to platform No. 1 at Railway Station, Karnal in connection with patrolling and checking of the crime. A secret information was received there that five persons were planning to commit a dacoity in the train (Himalyan Queen). They had assembled near the wall of railway godown and if a raid is conducted, they can be caught red handed. Upon this, Shri Jai Singh, Inspector formed two raiding parties. The police party headed by Jai Singh, Inspector reached behind the wall of the godown and heard the conversation among the accused, who were saying that "Arvind and Sushil will enter the bogie from door just after the engine of Himalyan Queen and the remaining will board the bogie from the rear door and if any passenger tried to raise alarm, he should be fired or knife injury should be given and they will snatch the cash and ornaments from all the passengers from the bogie." Upon hearing this conversation, Jai Singh, Inspector gave a signal to the police party and all the accused were apprehended at the spot. On search of all the accused persons, Arvind Kumar was found in possession of one country made pistol of .32 bore along with two cartridges out of which one was alive. Ravi Mukhia was found in possession of one knife. Kamlesh was also found in possession of knife. Sushil Mukhia was armed with a danda and Sunil was armed with an iron patti. All the weapons were taken into possession after preparing their rough sketches. They were then put separately into parcels and were sealed with the seal of 'JS' which was handed over to Assistant Sub-Inspector Ramesh Kumar. All the recovery memos were attested by Assistant Sub-Inspector Jai Singh and Assistant Sub-Inspector Ramesh Lal as witnesses. The case was formally registered vide FIR Exhibit PG-1 and a rough site plan was prepared by Inspector Jai Singh, who conducted the investigation as well. On completion of the investigation, report under Section 173 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') was submitted in the Court of Illaqa Magistrate, Karnal, who, after making compliance of the relevant provisions of the Cr.P.C. committed the case to the Sessions Judge, Karnal as the main offences alleged against the appellants were exclusively triable by the Court of Sessions.
(3.) ALL the appellants were charge-sheeted for having committed offencing punishable under Sections 399 and 402 of the IPC. In addition thereto, appellants-Arvind Kumar, Kamlesh alias Kubra and Ravi Mukhia were also separately charge-sheeted for the offence punishable under Section 25 of the (Arms) Act.;