RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE abovementioned criminal Appeals having arisen out of the judgment dated 15th November, 1996 and order of sentence dated 18th November, 1996 rendered by the Court of learned additional Sessions Judge, Gurgaon, whereby he convicted and sentenced each of the accused to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each or in its default, the defaulter to further undergo rigorous imprisonment for two months under Section 399 of the Indian penal Code and further, sentened each of them to undergo rigorous imprisonemnt for two years and to pay a fine of Rs. 200/- or in its default, the defaulter to further undergo imprisonment for one month under section 402 of the Indian Penal Code are being disposed of by this judgment.

(2.) AS set up by the prosecution, on the night intervening 30th/31st January, 1995, a police party headed by Phool Singh, assistant Sub Inspector of Police Station Sadar gurgaon happened to be present at Jharsa chowk on National Highway No. 8 in connection with patrol duty. Meanwhile, he received a secret information to the effect that five persons carrying weapons, after parking a Maruti car near T-point Silokhra near the Highway, were planning to loot a petrol pump. The abovementioned ASI divided the police officials into three sub parties. One was headed by himself, another by ASI bhoop Singh and the 3rd one by Hari Singh ugc. They went to the aforesaid place through different directions. On reaching there, they found Maruti car lying parked near the trees and five persons (accused)present there making preparations to commit dacoity at the petrol pump. The police officials overheard their conversation. On getting the appointed signal from Phool singh, ASI, all those five persons were surrounded and apprehended by the police officials. On search of the accused Ramesh, a spring actuated knife was recovered whereas an air pistol yielded from the personal search of the accused Pardeep. Their rough sketches were drawn and the weapons were taken into possession by the aforesaid ASI. A ruqa was sent to the police station, where on its basis formal FIR was recorded. After completion of the investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) THE accused were charged under section 399 of IPC as well as Section 402 of ipc, to which they did not plead guilty and claimed trial.