KARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants, namely Karambir and Rambir have filed the present appeal against the judgment of conviction and order of sentence dtd. 21/2/2004 passed by the Court of learned Additional Sessions Judge, Rewari, in sessions case No. 33 of 2003, after they being convicted for the offence under Sec. 25 (IB) (a) of the Arms Act in case FIR No. 82 dtd. 4/6/2003 under Ss. 412 IPC and 25/54 of the Arms Act, 1959, registered at Police Station Bawal, District Rewari.

(2.) Both the appellants were convicted for the offence under Sec. 25 of the Arms Act. Details of sentence awarded to both the appellants are as under:-

(3.) Brief facts emerging from the First Information Report (FIR) are that on 4/6/2003, ASI Surender Singh (PW4) alongwith Constable Parkash Chand (PW5) and constable Surender Singh was present in his Government Jeep bearing registration No. HR-36B-9400 at a siege laid at Parampura Bawal road near Village Shahpur. A WT message was received from police Station Mundawar (Rajasthan), that two youths after committing loot at town Mundawar are coming to the side of Bawal in Maruti Car bearing No. DL-2CC-0759. If siege is laid, they can be apprehended. Police party, saw a Maruti car coming towards them bearing No. DL-2CC-0759 from the side of Parampura and with the help of police officials, ASI Surender Singh (PW4) succeeded in apprehending the car. On enquiry, the person sitting in the driver seat told his name as Karambir s/o Risal Singh and the other person sitting besides him, told his name as Rambir s/o Balwan. On making search, Rs.17,000.00 were recovered from the right pocket of trouser of accused-Karambir. Said amount was in the form of three wads of Rs.50.00 each, and four currency notes of Rs.500.00 each. Two wads of Rs.50.00 were having the seal of State Bank of Bikaner and Jaipur. Besides this, from the left pocket of pant of said accused, two alive cartridge of 315 bore were recovered. On search, an amount of Rs.16, 000.00 was recovered from the right pocket of shirt worn by him. Besides this, a loaded country made pistol of 315 bore and one live cartridge were recovered from the right 'dub' of the said accused Rambir. Pistol, cartridges, recovered money from both the accused (appellants herein) and the car used by them were taken in the possession vide recovery memo as Ex. PD/1. After preparation of the ruqa, same was sent to the Police Station through Constable Parkash Chand, resulting into the registration of the formal FIR (Ex. PC).