MANJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this common judgment, above mentioned five appeals are being disposed of as these have arisen out of one FIR bearing No. 97 dated 10.6.2003 registered under Ss. 399/402 IPC at Police Station Subhanpur District Kapurthala.

(2.) Nine accused were sent to trial for the offence under Ss. 399/402 IPC on the allegations that on 10.6.2003 at about 3.45 A.M., police party headed by SI Amrik Singh, SHO Police Station Subhanpur along with other police officials was on patrolling duty and had installed a naka in the area of Nadala Chowk, where the Investigating Officer received a secret information to the effect that accused persons had gathered in an abandoned brick kiln in village Thikriwal and were duly armed with weapons and were planning to commit dacoity in UCO Bank, Bholath, if raided, they could be apprehended. Finding the aforesaid information to be reliable, FIR was registered. The police party proceeded to the abandoned site of brick kiln. One Swarn Singh was joined as independent witness. Raid was conducted and accused were apprehended. Recoveries were effected from their person.

(3.) From accused -appellants Lakhbir Singh, Gurwinder Singh, Balwinder Singh, Sukhbir Singh, Amrik Singh and Shiv Dayal Singh, country made pistols along with live cartridges were recovered. Different police parties initiated different proceedings in respect of accused. From accused -appellants Satpal Singh, Balbir Chand and Manjit Singh, iron rod, datar and dang, Ex. P -1 to P -3, were recovered respectively. Police also recovered motorcycles, mobile phones and cash amount from the accused at different spots.