SONU AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The aforesaid appeals have been directed against the judgment dated 16.10.2009 rendered by learned Additional Sessions Judge, Hisar, whereby all the accused were convicted for the offence under Ss. 398 and 401 of Indian Penal Code (for short 'IPC'), whereas, accused Sonu @ Sanjay and Madan @ Bunty were also held guilty under Sec. 25 of the Arms Act. Vide order of sentence dated 19.10.2009, they were also sentenced to undergo rigorous imprisonment for 7 years each for the offence under Sec. 398 IPC; to undergo rigorous imprisonment for 2 years and a fine of Rs. 1500/ - each for the offence under Sec. 401 IPC. In default of payment of fine, to further undergo RI for one month each; for the offence under Sec. 25 of the Arms Act, accused Sonu @ Sanjay and Madan @ Bunty were sentenced to undergo RI for one year and a fine of Rs. 1,000/ - each. In default of payment of fine, to further undergo RI for 15 days each.

(2.) Brief facts of the case are like this; that on 29.08.2008, SI Hawa Singh alongwith police officials were present at Parav Chowk, Hisar, on patrol. A secret information was received against the accused that Madan @ Bunty son of Rajender, Sonu @ Sanjay son of Ram Chander and Gobind son of Ajmer are present in Auto Market, Phase -III on a TVS Victor motorcycle which they had stolen from City Hisar. They are preparing to commit robbery on passers -by. Accompanied police officials were apprised about the aforesaid secret information. After reaching near Auto Market, Phase -III gate, EHC Phool Kumar, who was in civil dress, was directed to go near the temple by passing through the inner side of Auto Market, Phase -III. SI Hawa Singh alongwith police officials followed EHC Phool Kumar from different different sides. When EHC Phool Kumar was 20 yards away from the community centre towards temple side, the aforesaid persons made him to stop. Out of them two were armed with pistols and they pointed the aforesaid pistols towards EHC Phool Kumar whereas third person, who was holding an iron rod in his hands, showed the same to EHC Phool Kumar. After seeing all these, SI Hawa Singh alongwith police officials reached the spot and apprehended the aforesaid three persons with the help of police officials. On inquiry, the first one disclosed his name as Madan @ Bunty and also gave his identity in detail. From his right hand, one country made pistol 12 bore was recovered. On checking, the pistol was found as loaded one. On unloading this pistol, 12 bore live cartridge was recovered. Rough sketch plan of the pistol was prepared as Ex. P1. Pistol alongwith 12 bore live cartridge were sealed into a parcel with the seal of 'HS'. Pistol alongwith live cartridge were taken into police possession vide memo. Ex. P2. Seal after use was handed over to SI Sohan Singh.

(3.) On inquiry from the 2nd one, he disclosed his name as Sonu @ Sanjay and also gave his identity in detail as mentioned in ruqa Ex. P17. He was having a revolver (Sixer) in his right hand. On checking, it was found empty. Rough sketch plan of this revolver was prepared as Ex. P3. This revolver was sixer county made 32 bore, it was made into a parcel and sealed with the seal of 'HS'. Seal after use was handed over to SI Sohan Singh and this revolver was taken into police possession vide memo Ex. P4.