VINAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant/convict Vinay Kumar, who was found guilty for commission of offences under Sections 399/402 IPC, has been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000 and in default of payment of fine to further undergo rigorous imprisonment for 6 months and which the convict/appellant has assailed in this appeal.

(2.) The brief sketch of the prosecution allegations is that on 13.07.2002 a police party headed by ASI Varinder Singh, CIA Staff, Patiala received secret information that the convict appellant Vinay Kumar @ Binni along with his co-accused Sushil Kumar @ Timpa @ Dimpa, Jony, Devinder Singh @ Cheecha and Sunny were habitual of committing dacoities and armed with deadly weapons were sitting in the Beer (forest area) of village Meeranpur, on the basis of which information raid was conducted and from the personal search of accused/appellant Vinay Kumar one country-made .303 bore pistol was recovered from the right dub of his trousers along with one live cartridge of the same bore. Necessary proceedings by way of rough sketch Ex.PA of the weapon was prepared and which was sealed in a parcel through memo Ex.PB. Rough site plan Ex.PK of the place of occurrence was made and after necessary formalities challan against the accused was presented in the Court to which the accused had pleaded not guilty.

(3.) The prosecution examined PW1 HC Sunil Kumar and PW2 ASI Varinder Singh who in their stand taken in statement under Section 313 Cr.P.C. denied the allegations and examined DW1 Gopal Krishan, DW2 C.Ranjit Singh, DW3 Bimal Devi, DR4 Hema and DW5 Kamlesh in their defence and proved documents Ex.DA to Ex.DC. It is thereupon the impugned findings were recorded.