GAJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present revision petition against the judgment dated 30.01.2018 passed by learned Sessions Judge, Rewari whereby his appeal against the judgment of conviction dated 26.07.2017 and order of sentence dated 29.07.2017 passed by learned Chief Judicial Magistrate, Rewari, was partly allowed.

(2.) Briefly stated, FIR No.231 dated 03.07.2013 under Section 451 IPC and Section 25 of the Arms Act, 1959 was registered against the petitioner along with other co-accused, namely, Aarif at Police Station City Rewari on the allegations that on 03.07.2013 at about 09.00 P.M., complainant Raj Singh was sleeping along with his family members after taking their meal. In the meantime, he heard something and saw that two young boys were there in the courtyard of his house, and had been talking with each other in a slow voice. On seeing them, the complainant called his son Jogender and raised an alarm 'thief-thief'. On this, the two young boys ran away towards village side, but the complainant and his son chased them and apprehended them with the help of some villagers. On inquiry, they disclosed their names as Aarif son of Doobal, resident of Uttar Pradesh and Gajender son of Gordhan Rajpur, resident of village Lakhan Majra, District Rohtak. On their personal search, two live cartridges were found from the pocket of accused Aarif, whereas one country-made pistol was found in the pocket of accused Gajender. The police was informed and both the accused along with live cartridges and pistol were handed over to the police party headed by ASI Gurdayal Singh.

(3.) On the basis of statement of the complainant, the petitioner as well as other co-accused was arrested and produced in the Court. Statements of witnesses were recorded and after completion of investigation, Challan against the petitioner and co-accused Aarif was filed in the Court.