AMRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of CRA-S-1872-SB of 2002 "Amru vs. State of Haryana" and CRA-S-1884-SB of 2002 "Piru Vs. The State of Haryana" as identical questions of law and facts are involved for adjudication.

(2.) Amru was convicted and sentenced for offence punishable under Section 25 of the Arms Act on the premise that he was found in possession of .315 bore country made pistol when the police party arrested him in FIR No. 153 dated 31.7.2001 registered at Police Station Sadar Kaithal for offence under Sections 399 and 402 of the Indian Penal Code(in short "IPC"). Similar allegations were levelled against Piru in regard to recovery of incriminating weapon from him pertaining to the aforesaid case in which both the appellants along with their co-accused were indicted for committing offence under Sections 399 and 402 IPC

(3.) The sole submission made by counsel for the appellants is that the appellants alongwith their co-accused were convicted and sentenced for committing offence punishable under Sections 399 and 402 IPC by the trial court. The appeal preferred by the convicts for the aforesaid offence was allowed by this Court on 7.1.2015 in CRA-S-1808-SB of 2002. It is vehemently argued that once story of the prosecution in regard to culpability of the appellants for the said offence has been held to be doubtful and the appellants have been acquitted thereof, their conviction and sentence in respect of alleged recoveries of incriminating weapons cannot be allowed to sustain, being part of the same transaction. In support of his contention, he has relied upon judgment of this Court Naresh Vs. State of Haryana, 2013 4 RCR(Cri) 895.