JASPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, both the appeals i.e CRA-S No.2240-SB of 2013 filed by Jaspreet Singh and CRA-S No.1452-SB of 2012 filed by Manpreet Singh shall be disposed of as the same have arisen out of the same judgment of the trial Court. However, for the sake of convenience, the facts are being derived from CRA-S No.2240-SB of 2013.

(2.) Accused-appellants, namely, Jaspreet Singh and Manpreet Singh faced trial in case FIR No.247 dated 19.11.2006 registered under Sections 399/402 IPC and Sections 25/54/59 of the Arms Act at Police Station Sadar Nawanshahr and convicted by the trial Court vide judgment dated 17.04.2012 and were sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs. 5,000/- with default clause under Section 399 IPC ; further rigorous imprisonment for a period of three years with fine of Rs. 5,000/- with default clause under Section 402 IPC and rigorous imprisonment for a period of two years with fine of Rs. 1,000/- with default clause under Section 25 of the Arms Act.

(3.) Briefly, the facts of the prosecution case are that on 19.11.2006, Sub Inspector Rakesh Kumar along with other police officials was on patrol duty. While reaching near Nijjar Farm, Banga Road, Nawanshahr, he received a secret information that Manjit Singh alias Kala , Jaspreet Singh alias Jassa, Manpreet Singh, Paramjit Singh and Vicky are planning to commit dacoity and they are armed with pistol and other deadly weapons and are present near railway crossing situated at Nawanshahr- Kariha road along side the fields. The police party reached at the spot, where, five persons were found talking with each other and were apprehended. Said persons disclosed their names as Manjit Singh, Jaspreet Singh, Manpreet Singh, Paramjit Singh and Bikramjit Singh and on their personal search, one revolver 32 bore along with two cartridges were recovered from accused Manjit Singh ; one live cartridge of 315 bore and three empty shells of 32 bore were recovered from Bikramjit Singh ; one cartridge of 315 bore were recovered from Paramjit Singh ; one scooter bearing registration No.PB-32-9938 and another scooter bearing No.PAV-1191 without registration documents were taken into possession vide separate recovery memo.