JATINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of aforementioned two appeals arising out of judgment of conviction dated 14.05.2002 and order of sentence dated 16.05.2002 passed by learned Additional Sessions Judge, Karnal in case bearing FIR No.332 dated 15.09.1999 registered at Police Station Gharaunda, for offences punishable under Sections 399/402 of Indian Penal Code (for short 'IPC'). Appellants -Jatinder, Sanjay and Om Pal were convicted for the offences punishable under Sections 399 and 402 of IPC, whereas appellants Jatinder and Om Pal were also convicted for the offence punishable under Section 25 of Arms Act, 1959.

(2.) BRIEFLY stated, the case of the prosecution is that on 01.05.1999, police party headed by Sub Inspector Sajjan Kumar was present near Bus Stand Gharaunda, when they received a secret information that on the eastern side of G.T. Road, Panipat near mile -stone 'Delhi -102', 5/6 persons armed with deadly weapons, were present in a Kotha and planning to commit dacoity. A raiding party was prepared and independent witness Suresh Kumar was associated in the raiding party. On reaching near the Kotha, Sub Inspector Sajjan Kumar heard the conversation of the persons present inside who were planning to commit dacoity at a newly constructed Petrol Pump on G.T. Road. As per the plan, appellants Om Pal and Jatinder will shoot anyone resisting the attempt to commit dacoity. The police party succeeded in apprehending three of the persons who had assembled in that Kotha while two other managed to escape on their motorcycle. They were later on apprehended and challan against appellants and other two accused namely Rajinder son of Karesan and Sanjay son of Ram Chand, was presented.

(3.) THE trial Court acquitted co -accused Rajinder and Sanjay son of Ram Chand while the appellants were convicted and sentenced for the offences under Sections 399 and 402 IPC, appellants Om Pal and Jatinder were also convicted and sentenced for the offence under Section 25 Arms Act, 1959.