NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by Appellant Naresh Kumar, who was tried in case FIR No. 208 dated 27.11.1999, registered at Police Station Kharkhoda, under Sections 307, 506, 120 -B read with Section 34 IPC and Section 25 of the Arms Act, 1959 (hereinafter referred to as ''the Act '').

(2.) THE Court of Additional Sessions Judge, Sonepat, vide its judgment dated 15.1.2003, acquitted the Appellant for the offence under Section 307 IPC but convicted under Section 25 of the Act and vide a separate order of even date, sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of ', 2,000, in default whereof to further undergo rigorous imprisonment for a period of three months.

(3.) THE above said FIR was investigated and report under Section 173 Code of Criminal Procedure was submitted. The Appellant along with Sanjay, Naresh son of Balbir and Jaibir were committed to the Court of Sessions Judge, Sonepat, for their trial under Sections 307, 506, 120 -B read with Section 34 IPC. On 6.1.2003, the trial Court came to a conclusion that no incriminating evidence has emerged against Sanjay son of Kartar Singh, Naresh son of Balbir and Jaibir son of Sukhbir Singh. Therefore, recording of their statements, under Section 313 Code of Criminal Procedure., was dispensed with and they were acquitted of the charges. However, the trial proceeded against the present Appellant, namely Naresh son of Anoop Singh.