LOVELY @ RAVINDER AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Lovely @ Ravinder and accused Kamaluddin were convicted and sentenced by trial Court to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 398 IPC. Accused Lovely @ Ravinder was also convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for a period of two months for the offence punishable under Section 25 of Arms Act, 1959. Both of them have challenged the above conviction and sentence passed by the Trial Court.

(2.) It is the case of the prosecution that PW-6 Sub Inspector Sat Pal Singh received a secret information through an informer that these accused were committing robbery at augmentation canal at Ranwar Road. PW-7 EHC Ramesh Kumar wore civil dress as per the directions given by PW-6 Sub Inspector Sat Pal Singh. He proceeded on police motorcycle as instructed. As soon as he reached near Ranwar canal he applied brakes of the motorcycle on seeing the torch light. These accused made an attempt to rob him at pistol point. The police party headed by PW-6 apprehended both the accused at the spot. A country made pistol of .315 bore loaded with one live cartridge and a live cartridge in the pocket of his pants without any permit or licence was recovered from accused Lovely @ Ravinder. Same were taken into police possession. An Iron rod, rubber gloves and a torch light were taken into police possession. PW-6 sent a requisition to Police Station for registration of the case.

(3.) Heard the submissions made on either side.