PARVEEN Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal challenges the judgment and order dated 21.12.2013 passed by the High Court of Punjab & Haryana in Crl. Appeal No. S-1793-SB of 2011 confirming the conviction and sentence of the appellant and one Jaswant under Sections 398 and 401 of the Indian Penal Code and Section 25 of the Arms Act. On 18.12.2014 this Court was pleased to issue notice limited to the question of sentence.

(3.) According to the prosecution, the police had received specific information that the appellant and one Jaswant were planning to loot passing vehicles near Agma Gas Agency Store situated in Sector 21D, Faridabad. This information was received on 09.02.2009 after 9:30 p.m. PW2 Ishwar Singh, ASI was already present in Sector 21D, Faridabad on patrol duty. On receipt of the information, he along with raiding party proceeded towards the spot. According to PW2 Ishwar Singh and PW4 Head Constable Yaseen Khan, they saw a white coloured Indigo car parked at a deserted spot. They further saw that the appellant and said Jaswant tried to stop a passing Maruti car but the driver evaded them and sped away. The police overpowered the appellant and said Jaswant and on their personal search recovered a knife from the appellant and an iron rod from Jaswant. On search of the car, the police found two number plates, one having car registration number of Madhya Pradesh. The photographer was called and photographs of the vehicle and the site in question were taken.