SUSHIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment and order passed by Additional Sessions Judge (Fast Track Court). Bhiwani on 11/12-8- 2006, vide which he was convicted under Section 25 of the Arms Act and sentenced to undergo RI for two years and to pay a fine of Rs. 2,000/-. In default of payment of fine, he was ordered to undergo further RI for a period of two months.

(2.) On the night, intervening January 31, 2006 and February 1, 2006, police party, consisting of Inspector Ram Avtar of CIA-II, Bhiwani and other police officials, under the overall supervision of Vijay Partap Singh, Probationary DSP. was present near LoharuDadri Chowk in Bhiwani. Inspector Ram Avtar received a secret information that six persons were present in an abandoned room, located on the left side of the road leading from Bhiwani to Loharu and they were carrying illicit weapons, besides possessing a vehicle and preparing to commit dacoity on that very night. In case a raid was conducted immediately, they could be apprehended. Inspector Ram Avtar apprised his fellow officials about the information received and thereafter formed four separate raiding parties by directing them to surround the abandoned room from all the sides. In pursuance of the said directions, the police parties reached the disclosed place and found a car parked there. Inspector Ram Avtar stood by the side of a wall and reaching near the room, he found that six boys were present and they were having a discussion. One of the boys was explaining the plan and design to commit dacoity by stopping a bus coming from the side of Loharu on that very night. Inspector Ram Avtar issued a warning to those boys that they have been surrounded from all sides and it would be better for them to surrender. At this, the boys present in the room, attempted to run. away but were apprehended. The appellant was apprehended along with a. 12 bore pistol carried by him in his right hand which was loaded with a live cartridge. Ramesh, Ravi @ Raju, Ram Avtar and Anil were arrested. An Iron rod was recovered from each of these four persons. One boy, whose name was later on learnt to be Sandeep, however, managed to escape from the spot. The weapons carried by the five accused, who were apprehended as well as the Maruti car parked there were taken into possession. Ruqa was, thereafter, sent by Inspector Ram Avtar from the spot to the Police Station on the basis of which FIR No. 45 dated 1-2-2006 was registered at Police Station Sadar, Bhiwani under Sections 399/402, IPC and Section 25 of the Arms Act.

(3.) Further investigations were carried out at the spot. Rough site plan of the place of occurrence was prepared. The accused were interrogated and they suffered disclosure statements admitting therein about their involvement in several other cases. Accused Sandeep was arrested on 20-3-2006. Similar disclosure statement was also suffered by hirn when he was interrogated.