BHOOP SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is appeal against the judgment of conviction dated 30.04.2004 and order of sentence dated 03.05.2004, whereby appellants Bhoop Singh and Kundan Singh were convicted for the offence punishable under Sections 398, 401 of Indian Penal Code (for short-IPC), 25 of Arms Act and sentenced them as follows:- <FRM>JUDGEMENT_116_LAWS(P&H)10_2018_1.html</FRM> <FRM>JUDGEMENT_116_LAWS(P&H)10_2018_1.html</FRM>

(2.) The case of the prosecution, in brief, is that on 30.05.2003, SI/SHO Ami Lal along with his police party was present at Police Station Jatusana, Rewari during night hours, when a secret information was received that two persons were placing stones and wood near the culvert of canal on Jatusana-Gudiana road with intention to commit robbery from the passing vehicles. He along with his police party in plain clothes reached the spot in a private jeep and found that road had been blocked by placing stones and wood. Driver Karan Singh stopped the jeep. In the meanwhile, two persons armed with pistols came from the road side and asked the police party to hand over their belongings to them. Both were apprehended and on inquiry, they disclosed their names as Kundan son of Jagmal Singh and Bhoop Singh son of Jagmal Singh (appellants). The pistols in their hands were taken into possession and on checking one live cartridge each was found loaded in the pistols of both the appellants, which were unloaded. On search, five live cartridges were also recovered from both the accused separately. The pistols and live cartridges were taken into possession. Rough sketch of the pistols were prepared and the appellants were formally arrested. Ruqa Ex.PB was sent to the police station, whereupon formal FIR Ex.PB/1 was registered and endorsement to this effect Ex.PB/2 was made on the ruqa. Site plan of the place of apprehension of the appellants was prepared and after completion of investigation, challan was presented in the court.

(3.) On finding a prima facie case for the offence punishable under Section 398, 401 IPC and 25 Arms Act, the appellants were charge-sheeted to which they pleaded not guilty and claimed trial.