SAHIDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The accused Major and accused Sahida have challenged through their individual appeals the judgment of conviction recorded by the trial Court under Sections 399 and 402 of the Indian Penal Code.

(2.) PW5 Inspector Randhir Singh, PW8 Inspector Kuldip Singh and PW1 S.I. Anoop Singh were present along with the other police officials on patrol duty at village Jharsenthli. They received a secret information that these two accused along with the other accused armed with deadly weapons were coming down to Faridabad to rob a shop near Gurudwara. The police party reached the place of occurrence indicated by the secret informant. They over heard the conversation of the accused persons. They were found armed with weapons. They were surrounded by the police party. Accused Major and Sahida along with other accused who were apprehended at the spot disclosed their names. .12 bore pistol and one cartridge were recovered from the person of accused Major. One cartridge and one country made pistol were recovered from accused Sahida. On completion of investigation the accused appellants were charge sheeted under the aforesaid penal provisions of law.

(3.) The occurrence is of the year 1999. Though the appellants herein have challenged the verdict of conviction passed by the trial Court on merit, the learned counsel appearing for the appellants Major and Sahida would submit that without going into the merit of the case, this Court may consider the period already undergone by them and reduce the sentence to the period undergone. Of course, the learned State counsel would submit that the accused appellants had been caught red handed with arms and, therefore, the sentence imposed by the trial Court is perfectly in order.