KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of mine shall dispose of three connected appeal Nos. 1488, 1489 and 1520-SB of 2002 having been arisen out of the same judgment.

(2.) The trial Court vide judgment dated 11-9-2002 had convicted all the five accused-Appellants (herein referred as 'the accused') under Section 399, IPC and sentenced them to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/- each. Accused Jagtar Singh, Kuldeep Singh and Malkiat Singh were further sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- each under Section 25 of Arms Act.

(3.) On 6-1-1999, at about 7.00 p.m. when SI/SHO Ajmer Singh was present at the turning of village Mallian in the area of Kartarpur, he received a secret information that the accused Gurdip Singh and other accused were planning to commit dacoity on the highway and if the raid is conducted, they could be apprehended with arms and ammunition. Believing the information to be reliable, ruqa Ex. PD was sent, on the basis of which FIR Ex. PD/1 was registered. The police party then raided the place and apprehended the accused except accused Gurdip Singh who was not found there. On personal search of the accused Jagtar Singh alias Pappu, a country made pistol of .303 bore along with live cartridge were recovered. On personal search of the accused Malkiat Singh one country made pistol of .12 bore along with one live cartridge were recovered. On personal search of the accused Kuldeep Singh a country made pistol of .9 mm along with three live cartridges were recovered. From the possession of Narinder Singh and Jaspal Singh one Kirpan each were recovered. An FIR No. 5 was registered on 6-1-1999 and the case was investigated which was followed by a report under Section 173, Code of Criminal Procedure