AMIT ARORA @ AMIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These accused-appellants have challenged the conviction and sentence passed by the trial Court in case FIR No.159 dated 14.10.2009 registered under Sections 302 read with Section 34 IPC and Section 398 IPC. Accused Sanjay Dass also has challenged the conviction and sentence passed against him under Section 25 of the Arms Act. The main accused Saurabh Dubey has absconded.

(2.) The brief case of the prosecution is that on 17.7.2009 at about 2.15 p.m., PW1 Jaswinder Singh who was working as Operational Manager in M/s Cash Management Service Securities Ltd., Model Town Extension, Ludhiana was proceeding on a Hero Honda Splendor motorcycle taking his junior Rakesh Kumar as pillion rider. On the street of Gagan photostat, two Hindu young men on black Pulsar motorcycle came from behind and one of them opened fire at Rajesh Kumar as a result of which the bullet hit Rajesh Kumar. Those two young men tried to snatch the bag containing cash from Rajesh Kumar who was injured. PW1 got down from his motorcycle and grappled with those two young men who were wearing helmets. Their helmets fell on the ground. He also raised an alarm. Yet another Hero Honda motorcycle found parked near the place of occurrence. On the said motorcycle, two young men were also found sitting. Thereafter, all the four young men fled away on those two motorcycles. PW1 took injured Rajesh Kumar to DMC Hospital, Ludhiana which declared Rajesh Kumar dead. He suffered statements Ex.PA on the basis of which an FIR was registered. The police took into possession the bag containing cash worth Rs.3,52,670/- under Ex.PB from PW1 in DMC Hospital, Ludhiana. On 18.7.2009, he saw accused Saurabh Dubey, Sanjay Dass, Rohit Mishra and Amit Arora @ Amit standing on a pan shop. They were talking to each other. They appeared to be persons who shot dead Rajesh Kumar on 17.7.2009. PW1 proceeded to the pan shop on the pretext of seeing their faces. He identified those four persons to be the same persons who killed Rajesh Kumar on 17.7.2009. He enquired the names and addresses of the four accused from other persons with whom they were talking while standing at the pan shop. The said persons disclosed the names of the aforesaid four persons. Thereafter, he suffered supplementary statement before the police.

(3.) Pw13 SI Gurpreet Singh who was the investigating officer recovered a pistol, two live cartridges and Pulsar motorcycle on the basis of disclosure statement suffered by accused Sanjay Dass, two mobile sets on the basis of the disclosure statement suffered by accused Amit Arora, one Hero Honda motorcycle at the instance of the disclosure statement suffered by accused Rohit Mishra.