MASIBUL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, I propose to dispose of two appeals i.e. CRA-S-304-SB-2004 filed by appellants Masibul, Gianesh alias Ganesh and Shashi Bhushan and CRA-S-363-SB of 2004 filed by appellants Devender Kumar alias Devna and Mohd. Idrish, all of them being accused in FIR No.74 dated 23.2.2003 for the offences under Sections 399/402 IPC and Section 25 of the Arms Act registered with Police Station Udyog Vihar, Gurgaon, who were tried by learned Additional Sessions Judge, Gurgaon and acquitted for the offences under Sections 399 and 402 IPC, whereas they were convicted for an offence punishable under Section 25 of the Arms Act vide judgment/order dated 27.1.2004 and convicts Devender alias Devna, Masibul and Mohd. Idrish were sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.500/- each and in default thereof, to further undergo rigorous imprisonment for a period of one month each. Whereas convicts Mohd. Harun, Gianesh and Shashi Bhushan were sentenced to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs.500/- each and in default thereof, to further undergo rigorous imprisonment for a period of one month each.

(2.) The accused-convicts, who are appellants before this Court prayed that the appeals be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, facts of the case as per prosecution story are that on 22.2003, a police party from Police Station Udyog Vihar, Gurgaon headed by SI/SHO Babu Lal was travelling in an official vehicle bearing No.HRU-895 in connection with patrol duty; that when the vehicle carrying the police party was present at Shankar Chowk, Gurgaon, there SI Babu Lal received a secret information that six young boys, namely, Devender Kumar alias Devna son of Umesh Sharma, Masibul son of Jamal, Mohd. Idrish son of Mohd. Hakim, Mohd. Harun son of Mohd. Gadoli, Gianesh son of Kumar Pal and Shashi Bhushan son of Om Parkash were sitting near Sirhaul Border towards western side of the road in the bushes and they were planning and making preparation to commit dacoity at a liquor shop situated at Sirhaul Border and if a raid was conducted, they could be apprehended along with weapons; that on receipt of such information, SI Babu Lal divided the police force in three raiding parties, first headed by himself, other by ASI Budhi Parkash and third by HC Har Parshad; that thereafter all the three raiding parties proceeded towards the spot from three directions; that the first raiding party headed by SI Babu Lal went near the bushes, whereas the remaining two parties stayed behind at some distance waiting for signal from the first party; that SI Babu Lal overheard the conversation saying that Devender Kumar @ Devna, Masibul and Idrish were having country-made pistols and Mohd. Harun, Gianesh @ Ganesh and Shashi Bhushan were having daggers and knives and all would use their respective weapons in case the need arose while looting the liquor shop; that SI Babu Lal gave a signal at which remaining two raiding parties rushed nearby; that on seeing the police personnels, all the accused persons started running; that SI Babu Lal overpowered Devender alias Devna and Mohd. Harun; that the second party apprehended Masibul and Gianesh alias Ganesh, whereas third party caught hold of Mohd. Idrish and Shashi Bhushan; that on being searched, a country-made pistol and live cartridge of .12 bore each were recovered from accused Devender alias Devna and Masibul, whereas a country-made pistol and a live cartridge .32 bore were recovered from accused Mohd. Idrish, while from the remaining accused, namely Mohd. Harun and Gianesh alias Ganesh, a dagger of steel and from Shashi Bhushan a knife were recovered; that after preparing sketches of country-made pistols and daggers/knife, those were taken into possession by the police; that a ruqa was sent to the police station, which formed the basis for registration of the FIR. The case was investigated. Statements of witnesses were recorded. On return to the police station, accused were put up in the lock up. Recovered weapons were deposited with MHC. During the course of investigation, arms and ammunition were got tested from Armourer and sanction order from the District Magistrate, Gurgaon for prosecution of accused Mohd. Idrish, Devender alias Devna and Masibul under Section 25 of the Arms Act was obtained.