RAM VILAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants faced trial for the offences punishable under Sections 399 and 402 Indian Penal Code (for short 'IPC') and were convicted and sentenced by the trial Court as follows:- <FRM>JUDGEMENT_482_LAWS(P&H)8_2014_1.html</FRM>

(2.) Briefly stated, the case of the prosecution is that on 05.01.2001, Inspector Paramjit Singh PW4 posted at the relevant time as SHO, Police Station Division No.6, Ludhiana along with his police party was present at Chowk Janta Nagar, when he received a reliable information that Bhupinder Singh @ Bhuppi, Harbhajan Kumar @ Baba (non-appellants), Mahadev Rai (declared proclaimed offender) along with appellants Madan Singh and Ram Vilas have assembled near Telephone Exchange for making preparation for committing dacoity or looting liquor vends or petrol-pump. Relying upon the information, he sent ruqa Ex.PW4/A for registration of the FIR whereupon formal FIR (Ex.PW4/D) was recorded. He requisitioned more police force opposite ATI College. Sikander Singh (PW2) was sent to place where aforesaid persons had assembled, to see whether they were sitting there and what they were talking about. He on return told Inspector Paramjit Singh that they were talking to commit dacoity at some petrol pump or liquor vend. Five police parties were prepared to conduct the raid. The raid was conducted and incharge of each police party apprehended one of the aforementioned five accused from whom recoveries of different type of arms and ammunitions were effected as follows:- <FRM>JUDGEMENT_482_LAWS(P&H)8_2014_2.html</FRM>

(3.) Finding a prima facie case, the appellants and their co-accused were charge-sheeted for offences punishable under Sections 399 and 402 IPC to which they pleaded not guilty and claimed trial. In support of its case, prosecution examined ASI Joginder Singh as PW1 who had joined the police party, apprehended accused Mahadev Rai and recovered countrymade pistol of 315 bore along with four live cartridges of same bore from his possession. Sikander Singh, independent witness appeared as PW2 and has stated that on 05.01.2001, he was going from Gill Chowk to village Kohara when he was stopped by a police party and sent to the place where all the accused were sitting in a ditch near railway line. He overheard their talk "small crime does not pay, they should commit dacoity at some petrol pump or liquor vend" and apprised Inspector Paramjit Singh of the same. SI Satinder Pal Singh PW3 had joined the police party headed by Inspector Paramjit Singh and on raid he had apprehended appellant Ram Vilas and effected recovery of a spring actuated knife from him. Investigating Officer, Inspector Paramjit Singh appeared as PW4 and reiterated the prosecution version.