STATE OF HARYANA Vs. MUKESH AND ORS.

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-State of Haryana against the judgment dated 26.08.2003 passed by the learned Additional Sessions Judge, Gurgaon, vide which the respondents were acquitted.

(2.) In nutshell, the case of the prosecution is that on 12.11.1998 PW-5 Kaptan Singh, SHO Police Station Taoru along with other police employees was present at Pataudi Chowk Taoru in-connection with investigation of case FIR No. 250 of 1998, under Section 395 IPC. He received a secret information that in a hut situated on katcha rasta just short of B.K.Crusher Stone, six persons were making preparations to commit dacoity. SI Kaptan Singh along with his fellow police officials proceeded towards the disclosed place. He formed the separate parties to conduct the raid. The members of the police party reached near the hut and heard the conversation between the accused assigning the roles to be performed at the time of committing dacoity. SI Kaptan Singh challenged the accused persons and asked them to surrender. On hearing this, the accused became panicky and started running. However, respondent Mukesh was apprehended by SI Kaptan Singh and he recovered one single barrel .12 bore country made gun along with two live cartridges from his possession. Respondent Sunder was apprehended by ASI Dharamvir. He recovered one country made. 12 bore pistol and two live cartridges from his possession. Respondent Deepak was over-powered by ASI Om Parkash and recovered one country made pistol of .303 bore loaded with cartridge from his possession. Respondent Kamal was caught by HC Karan Singh and recovered five live cartridges of .303 bore from his possession. Two persons managed to escape. Respondent no.5 Atam Singh was later on arrested. Separate cases were got registered under Section 25 of the Arms Act (for short Act) against respondents Mukesh, Deepak, Sunder and Kamal.

(3.) All the respondents were charge sheeted for the offences punishable under Sections 399 and 402 IPC. Respondents Mukesh, Deepak, Surinder @ Sunder and Kamal were separately charge sheeted for the offence punishable under Section 25 of the Act, to which the respondents pleaded not guilty and claimed trial.