RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has faced trial in FIR No. 160 dated 10.07.2012, registered at Police Station Kunjpura, District Karnal, under Sections 398 and 401 of the Indian Penal Code, 1860 (for short 'IPC') and Section 25 (1-B)(a) Arms Act, 1959.

(2.) Learned Additional Sessions Judge, Karnal, vide judgment dated 11.04.2014 and order dated 12.04.2014 convicted and sentenced the appellant for the commission of offences as under:-

(3.) The facts of the prosecution case are that on 10.07.2012, SI Virender Singh received a secret information that Rajinder Singh, who was released on parole, was absconding along with his accomplice Kishan Lal and they were armed with deadly weapons and were present at Kunjpura road leading to Kalvehri in an attempt to loot the passers-by. Acting on the information, raiding party was formed and rapat was recorded in the daily diary. SI Virender Singh along with the members of the raiding party proceeded in TATA Sumo bearing registration No. HR45A-8000. On their way at Magalpur Chowk, Kunjpura Road, Vijender Singh son of Nathi Ram was coming on the motorcycle. He was told about the secret information and was joined in the raiding party. He was sent ahead with an instruction that when the accused would stop him, he would give signal to the police party by switching on the rear light of the motorcycle. When Vijender Singh turned his motorcycle towards Kalvehri one person gave him a signal showing torch. When Vijender Singh stopped, he was surrounded by the accused persons. He gave the signal to the police party, on reaching the spot both the accused were nabbed. On enquiry the accused disclosed their identity. On search, a country made pistol of 7.65 (32 bore) was recovered along with two live cartridges from Rajinder Singh. One wooden danda and torch containing two cells were recovered from Kishan Lal. Ruqa was sent to Police Station, Kunjpura, on the basis of which, formal FIR was lodged. During the investigation, both the accused were arrested. The pistol was checked by the Armourer and was found in the working condition. Sanction to prosecute Rajinder Singh for commission of offence under Arms Act was obtained. Report under Section 173 Cr. P.C. was submitted against the accused for offences under Section 398 and 401 of the IPC as well as Section 25 of Arms Act, 1959.