HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 15.02.2003, passed by the learned Addl. Sessions Judge (Adhoc), Ludhiana, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.500/- under Section 399 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month and further convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/- under Section 402 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Both the sentences were ordered to run concurrently. Co-accused Anil Kumar, Dinesh Kumar, Ravinder Kumar and Ashok Kumar were also convicted and sentenced but they have not filed any appeal. The present appeal has been filed by accused Harjit Singh alone.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of secret information on 22.06.2001 received by SI Waryam Singh. He received secret information at about 7.30 P.M. that Anil Kumar, Dinesh Kumar, Ravinder Kumar alias Ravi, Ashok Kumar and Harjit Singh armed with deadly weapons were present near the Dhuri railway line, Model town and were making preparation to commit dacoity and if a raid is conducted, then they could be apprehended red handed with deadly weapons as well as with stolen articles. Believing the secret information, ruqa was sent to the police station, on the basis of which formal FIR was registered. Separate police parties were formed and raids were conducted. Police party headed by SI Waryam Singh apprehended Ashok Kumar and Dinesh Kumar. One iron rod was recovered from Ashok Kumar and one foot long dagger was recovered from Dinesh Kumar. ASI Harbhajan Singh apprehended accused Anil Kumar and from his personal search one pistol of .12 bore along with three live cartridges were recovered. ASI Dula Singh apprehended accused Ravinder Kumar and one spring actuated knife was recovered. Similarly, ASI Lakhbir Singh apprehended accused Harjit Singh and one knife was recovered from him, which was taken into police possession after preparing its rough sketch. Separate cases under Section 25 of the Arms Act were registered and investigated. During interrogation, accused Dinesh Kumar got recovered one attache case, car stereo, cassettes and some clothes. Accused Ashok Kumar also on the basis of his disclosure statement, got recovered one deck, sound-speaker, some cassettes, one attache case containing two jackets, one shirt, one pant and one belt.

(3.) Similarly, during interrogation accused Anil Kumar suffered disclosure statement and got recovered one black and white T.V., one frata fan, one attache case, one deck, one shirt, one pant and one sweater.