SHANKAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of CRA -S -1405 -SB of 2009 titled "Shankar and another vs. State of Haryana" and CRA -S -1882 -SB of 2009 titled "Suresh vs. State of Haryana" as challenge in both the appeals is to the judgment of conviction dated 04.05.2009 and order of sentence dated 09.05.2009 passed by learned Additional Sessions Judge, Hisar, whereby appellants have been convicted and sentenced as under: -

(2.) APPELLANT - Shankar has also been convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/ - for commission of offence punishable under Section 25 of the Arms Act, in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.

(3.) THE factual matrix of the case is that on 18.07.2007 police party headed by ASI Dalbir Singh of C.I.A. Staff, Hisar was present at G.T. Road, Mirjapur Turn, Hisar, in connection with patrolling duty. A secret information was received that three persons armed with illicit weapons were present at Raipur turn, G.T. Road, and were trying to loot vehicles and if a raid be conducted, they could be apprehended. Thereafter, a raiding party was formed. When the raiding party reached near the spot, three young boys stopped a jeep in order to loot the same. ASI Dalbir Singh with the help of other police officials apprehended all the three young boys. On enquiry, one of them disclosed his name as Shankar @ Rinku son of Raj Kumar, resident of Hanuman Colony, Hansi from whose possession one loaded pistol of .315 bore was recovered. Thereafter the pistol was unloaded, which was converted into a sealed parcel and taken into possession vide a separate memo. Second person told his name as Suresh Kumar son of Amar Singh, resident of Mohalla Sainian, who was also having a Chhura, which was taken into possession vide separate memo and the third person told his name as Arvind son of Subhash Chander, resident of Hanuman Colony, who was also having an iron rod, which was taken into possession vide separate memo. Ruqa was sent to Police Station, on the basis of which FIR No. 546 dated 18.07.2007, under Sections 398, 401 of the Indian Penal Code and 25 of the Arms Act was registered. After completion of investigation, challan was presented in the Court. Thereafter, charge was framed under Sections 398/401 IPC, to which the appellants did not plead guilty and claimed trial.