ROOP BASANT Vs. STATE

JUDGEMENT

(1.) APPELLANTS Roop Basant, Satpal @ Gopal and Pratap @ Pappu have preferred this appeal after being convicted in Session Cases No.26/2003 (FIR No.158/2003 under Section 186/307/34 IPC, & 25/27/54/59 Arms Act, PS Samay Pur Badli), No.27/2003 (FIR No.159/2003 under Section 25/54/59 Arms Act, PS Samay Pur Badli) and No.28/2003 (FIR No.160/2003 under Section 25/54/59 PS Samay Pur Badli). All the three Appellants were convicted under Section 186/307/34 IPC and sentenced to undergo SI for two months with fine of Rs.200/- each for committing the offence punishable under Section 186/34 IPC and further sentenced to undergo RI for four years with fine of Rs.1000/- each for committing the offence punishable under Section 307/34 IPC. They were further convicted and sentenced under Section 25 Arms Act to undergo RI for one year with fine of Rs.500/- each and all the sentences were ordered to be run concurrently. Since FIR No.158/2003 under Sections 186/307/34 IPC, PS Samay Pur Badli was triable by the Court of Session, the other two connected FIRs No.159/2003 and 160/2003 were also committed to the Court of Session to be tried alongwith main case.

(2.) AT the outset, it may be mentioned that so far as Appellant Roop Basant is concerned, as per the nominal roll received pursuant to the order dated 07.07.2010 of this Court, the Appellant had already undergone the sentence awarded to him and he was released on 23.06.2007 after completing the sentence awarded in this case. Hence, Appellant Roop Basant having already undergone the sentence and released on 23.06.2007, the appeal qua Appellant Roop Basant was disposed of on 22.07.2010.

(3.) ON 30.03.2003, Ct.Swaraj No.789/NW received a secret information that 5-6 bad elements of Bawariya Tribe would assemble near Kadipur Primary School at midnight to commit crime in Kaushak No.1 Colony. Inspector Ram Chander was apprised with the information. The said secret information was reduced into writing vide DD No.12 recorded at 10.00 pm in the office of Operation Cell. The raiding party was constituted and after making departure entry at 11.00 pm vide DD No.14, the raiding team left in official vehicle No.DL-1L- D-5106 with driver Ct.Naresh Kumar and the secret informer.