SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction dated 18.12.2003 and order of sentence dated 19.12.2003, passed by Ms. Sarita Gupta, Additional Sessions Judge (Fast Track Court), Bhiwani, vide which the present appellant was convicted under Section 25 of Arms Act and sentence to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo simple imprisonment for two months.

(2.) BRIEFLY stated that the present appellant alognwith other coaccused were sent to stand trial under Sections 399, 402 of IPC and 25 of the Arms Act, Police Station Civil Lines Bhiwani.

(3.) THE case of the prosecution in brief is that on 01.02.2003, a rukka was received in Police Station Civil Lines, Bhiwani to the effect that Sher Singh, Sub Inspector alongwith other police officials were present at Rohtak Chowk, Bhiwani for the purpose of investigation in official jeep, which was being driven by EHC Dharambir. A secret information was received that five youths armed with deadly weapons were hatching a conspiracy in a room on the northern side of new bus stand to commit dacoity at a petrol pump. Black colour motocycle was parked outside the room and if raid was conducted, they could be apprehended. On receiving the information, SHO, Sher Singh informed the police officials about the secret information and prepared raiding parties. SHO -Sher Singh, EHC -Hari Chand and Constables -Surender and Raj Singh were in first raiding party, SI -Atma Ram alongwith EHC -Raj Singh and Constables -Dilbag and Jeet Ram were in second raiding party, ASI -Shree Bhagwan alongwith EHC -Suresh and Constables -Bhim Singh and Suresh Kumar were in third raiding party, HCBalbir Singh, HC -Satbir Singh and HC -Sahab Singh were in fourth raiding party and accordingly raid was conducted. Khukhari is stated to be recovered from the appellant whereas other weapons were recovered from other accused.