C.M. Totla, J. - (1.) APPELLANTS Prema Ram and Rajendra Kumar alongwith Banwari, Uma Shankar, Balbir Singh faced charge for the offences of Sections 399, 402 IPC and 24 Arms Act before the Court of Additional Sessions Judge, Bikaner in Sessions Case No. 11/1985 and as per judgment dt. 19/20.04.88 learned Judge acquitting two others convicted appellants for the offences of Section 25 Arms Act sentenced each to one year rigorous imprisonment with fine of Rs. 1000/ -, in default three months rigorous imprisonment -aggrieved of their conviction, two appellants have preferred this appeal.
(2.) HEARD learned Advocate appearing for the appellant and also learned Public Prosecutor. Factual matrix emerging is some what like that on 09.05.1985, Constables Pradeep Kumar PW/3 and Asu Singh PW/7 of GRP, Sriganganagar were on duty on train 1 BHL -Hanumangarh to Bikaner. As train reached near Gajsinghpur, CTI of train Prabhudan PW -16 told them of 4 -5 persons abusing passengers in general coach who perhaps possessing some arms are talking of robbing the train, so both constables alongwith CTI reached in the coach where passengers Tara Chand PW/5, Mangat Ram PW/9 and Jasvir Singh PW/10 told that five persons in drunken state are talking of robbing the train and also a Chhapra Ki Dhani and use of pistols. Constables searching each of these found (i) below pyjama of Balbir Singh found a local pistol and in pocket 3 live cartridges having mark 3KF325GWL (iii) below pant of Prema Ram a local made pistol (iv) with Rajendra Kumar a local made pistol and as none of them had any licence these articles were taken into possession by these constables -and on query they admitted of planning to have robbery at Chhapra ki Dhani, near Arjunsar. It is alleged that on search of bag, with them found was chilli powder to be used in robbery and Banwari told of throwing away the pistol from running train while (v) Uma Shankar of throwing away eight live cartridges on observing police men. Constables with these persons returning from Suratgarh to Ganganagar by other train and in morning at 6 A.M., presented these persons with the above mentioned arms before SHO PW -13 at PS GR. On this information, registering FIR No. 22/1985 for the offence under Section 398, 399, 34 IPC and Section 25 of the Arms Act Ex.P/2, SHO seized and sealed articles recovered as per above - Constables and arrested them making memos Ex. -P/3 to Ex. -P/11. Articles kept safe in malkhana. Meanwhile, at around 10 PM on 09.05.1985 railway employees Bhoor Singh PW/1 before Lal Chand PW/2 and Lalan PW/5 finding a pistol at Suratgarh near railway line No. 2, deposited the same with Station Superintendent, Gajsinghpur PW/14. This pistol taken by SHO PW/13 preparing memo Ex.P/1. Articles recovered were examined by Armour PW/8 preparing reports Ex.P/15 to Ex.P/18. After usual investigation and obtaining prosecution sanction, charge -sheet submitted for the offences of Sections 398, 399, 402 IPC and 25 Arms Act and on committal by Magistrate Court registered is Sessions Case No. 11/1985.
(3.) CHARGED for the offences of Sections 402, 399 IPC and 24 Arms Act, accused persons claimed trial.;