SANJAY @ BHOLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, namely, Sanjay @ Bhola, along with Manoj Kumar and Rajesh was tried for committing offences punishable under Sections 398 and 401 IPC. He along with Rajesh was also tried for committing offence punishable under Section 25(1-B) of the Arms Act. Vide judgment and order dated 15/17.2.2005, learned Additional Sessions Judge, Rohtak, acquitted the appellant and his co-accused of the charges under Section 398 and 401 IPC. Rajesh accused was also acquitted under Section 25(1-B) of the Arms Act. However, the appellant was convicted under Section 25(1-B) of the Arms Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo rigorous imprisonment for a period of fifteen days.

(2.) Aggrieved of his conviction and sentence, the appellant filed the present appeal, which was admitted on 11.3.2005 and his sentence of imprisonment was suspended during its pendency.

(3.) According to the prosecution, on 24.10.2002, Inspector Suresh Kumar, CIA-II, Rohtak was present on patrol and excise duty at Tilyar Lake in the area of village Garhi Bohar along with other police officials in a Government Jeep being driven by EHC Dariyao Singh. He received a secret information that accused persons armed with weapons were conspiring while sitting near a culvert to loot the passers-by, upon which, two raiding parties were constituted, one headed by ASI Nathu Ram and the second by HC Kulbir. The raiding party headed by ASI Nathu Ram was to take position towards west and the other headed by HC Kulbir towards north-east. While leaving the vehicle aside, the Inspector overheard the conversation of accused persons, who were conspiring to get stopped a vehicle for a lift by Rajesh. Thereafter, Manoj accused was to put a pistol on the temple of the driver and in case the driver did not stop, then accused Sanjay would fire. Inspector Suresh Kumar asked the accused persons to surrender and police party overpowered accused Sanjay @ Bhola, who was found holding a country made pistol of .315 bore, whereas Rajesh accused was also overpowered at the spot and his search also yielded one loaded country made pistol of .12 bore from inside the right dub of his pant whereas third accused succeeded in escaping. Both the pistols were unloaded and measured and their rough sketches were prepared separately. The pistols and cartridges were made into separate parcels and sealed with seal 'SK' and were also taken into possession and the seal after use was handed over to ASI Nathu Ram. The accused, who had fled from the spot was learnt to be Manoj son of Balwan, resident of Bohar. Investigating Officer then sent a ruqa to the Police Station through Constable Ashok Kumar, on the basis of which, a case under Sections 398, 401 IPC IPC and 25 of the Arms Act was registered against the accused.