YASHPAL AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Yashpal and Yoginder alias Banti were tried under Sections 394/397 of the Indian Penal Code, 1860 (for short, "IPC") and Section 25 of the Arms Act, 1951 (for short, "the Act") and vide judgment dated 24.5.2005 passed by the learned Additional Sessions Judge, Gurgaon,(for short, "trial Court") they were acquitted of the offences punishable under Sections 394 and 397, IPC, but were convicted and sentenced to undergo rigorous imprisonment for 2 years with fine amounting to Rs. 2000/- and in default of payment of fine, to undergo further rigorous imprisonment for 6 months each. To challenge their conviction under Section 25 of the Act, the convicts have brought this appeal.

(2.) I have heard learned counsel for the parties besides scanning the record requisitioned from the trial Court. Case of the prosecution in nut-shell is that at about 9.25 P.M. on 12.4.2004 the complainant Harish Kumar was present at his shop named Vikrant Electronics located at Old Delhi Road, Gurgaon, when two young persons armed with country made pistols came at his shop. One of them came to the place where the complainant was sitting; snatched complainant's wallet containing Rs. 560/- and driving licence by pointing the pistol towards him. The other started collecting money from the counter. The complainant managed to catch hold of one of them, upon which the person so caught, asked the other named Yoginder to fire at him (complainant). Yoginder tried to fire a shot from his gun but servant of complainant interfered, whereupon the other person hit the complainant on his head but he was not allowed to escape. However, Yashpal managed to escape.

(3.) The matter was reported to the police. FIR was recorded. The matter was investigated into. Statements of witnesses were recorded. Appellants were arrested. On conclusion of investigation, challan was presented in the Court. The appellants were charged under Sections 394 and 397, IPC, and Section 25 of the Act.