DEVINDER SINGH @ SITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants in the aforementioned appeals along with Jitender Kumar @ Kalia and Raj Kumar @ Raju were tried for committing offences punishable under Sections 399 and 402 IPC. Jitender Kumar @ Kalia was also tried for committing offence under Section 25 of the Arms Act. Vide judgment and order dated 7/8.5.2004, learned Additional Sessions Judge, Panchkula convicted the aforementioned appellants under Section 399 IPC and sentenced them to undergo rigorous imprisonment for four years and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo simple imprisonment for two months. They were also convicted under Section 402 IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.500/- each and in default of payment of fine, to further undergo simple imprisonment for two months. Raj Kumar @ Raju and Jitender Kumar @ Kalia, co-accused of the appellants were similarly convicted and sentenced. In addition, Jitender Kumar @ Kalia was convicted under Section 25 (1-A) of the Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo simple imprisonment for two months. The substantive sentences imposed upon the appellants and their co-accused were ordered to run concurrently.

(2.) It may not be out of place to mention that Raj Kumar @ Raju, co-convict of the appellant, did not prefer any appeal against his conviction and sentence. Further, Jitender Kumar @ Kalia, another co-convict of the appellants filed Criminal Appeal S-1925-SB of 2004, which has been disposed of vide an order of even date, as having become infructuous as he has already undergone the entire sentence of imprisonment imposed upon him and deposited the amount of fine.

(3.) The case of the prosecution, in nutshell, is that on 28.5.2002, Inspector Mange Ram, CIA Staff, Panchkula while on patrolling and checking in the area of Madawala T Point on Pinjore-Nalagarh road, received a secret information that the accused had assembled in the area of village Rampur Jangi where they were making preparation for committing dacoity and they were also armed with weapons. In case a raid was conducted, they could be caught red handed. Finding the information to be credible, Inspector Mange Ram formed four raiding parties. All the raiding parties gheraoed the designated place and overheard the accused, who were preparing to commit dacoity. One of them, who later on transpired to be Jitender Kumar @ Kalia was telling his companions that they were to commit dacoity at the petrol pump situated opposite to HMT, Pinjore. Three of them would go into the Office of petrol pump for committing dacoity while other three would keep a watch outside and if need be, Jitender Kumar @ Kalia would open fire. Inspector Mange Ram challenged the accused that they have been surrounded on all sides by the police and, therefore, they should surrender themselves along with their weapons. All the six accused surrendered and were, accordingly, apprehended. One country made pistol along with two live cartridges were recovered from the possession of Jitender Kumar @ Kalia whereas one air gas pistol was recovered from the possession of Devinder Singh @ Sita. An iron rod each was recovered from Amarpal @ Pali, Raj Kumar @ Raju and Harjit Singh whereas Kulwinder Singh @ Bhola was found in possession of a danda. One truck bearing registration No. HR29-2545 standing nearby was also taken into possession. During the checking of the truck, five wire cutters and one iron saw were recovered. A ruqa was prepared by Inspector Mange Ram and sent to Police Station Pinjore where FIR No. 97 dated 28.5.2002 under Sections 399 and 402 IPC and Section 25 of the Arms Act was registered against the accused. All the accused were formally arrested.