TEJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred by the accused-appellant Tejan against the judgment dated 09.12.2003 passed by Sh.G.S.Kotla, Additional Sessions Judge, Gurgaon, vide which accused-appellant Tejan has been held guilty and convicted for the offences punishable under Section 25 of Arms Act and the order of sentence vide which he has been ordered to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. .1000/- in default of payment of fine to further undergo rigorous imprisonment for a period of one month.

(2.) In nutshell, the case of prosecution is that on 13.04.2002 PW-8 SI Inderjit Singh along with other police employees on the basis of secret information apprehended the present appellant along with his co-accused Rajiv, Pawan, Sanjay and Rahul when they were making preparation to commit dacoity on Gurdial Singh petrol pump armed with deadly weapons. Co-accused Rahul managed to escape. It is alleged that a pistol of .315 bore duly loaded was recovered from the possession of the present appellant. SI Inderjit Singh got registered the case for offence punishable under Sections 399 and 402 of Indian Penal Code and 25 of Arms Act. After completing the formalities of investigation report under Section 173 of Code of Criminal Procedure was presented in the Court.

(3.) The case was committed to the Court of Sessions for trial by the learned Chief Judicial Magistrate, Gurgaon. The accused-appellant and his co-accused were charge sheeted for offences punishable under Sections 399 and 402 of Indian Penal Code as well as Section 25 of Arms Act to which they pleaded not guilty and claimed trial.