BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) -These five Criminal Appeals, i.e. Criminal Appeals No. 283-SB! 1985, 341- SB,1985, 342-SB/1985, 343-SB,1985, and 344-SB,1985 have been filed by Baldev Singh, Jaimal Singh, Sukhbir Singh, Avtar Singh and Balbir Singh respectively and as these arise out of the same trial and judgment, the same are being disposed of by this judgment.

(2.) All the appellants have been convicted under section 402 of the Indian Penal Code (briefly the Code) and section 25 of the Arms Act (the Act in short) and sentenced to rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 550!- each or in default of payment of fine, to further undergo rigorous imprisonment for 6 months under section 402 of the Code and to undergo RI for 3 months, R.I. for 2 years and a fine of Rs. 500!- and in default, of payment of fine, further RI for 6 months; undergo RI for It years and a fine gf Rs. 300!- and in default of payment of fine to further undergo RI for 4 months; to undergo RI for 1 year and to pay a fine of Rs. 100! and in default of payment of fine, to further undergo RI for 1 month and to undergo RI for 1 t years and a fine of Rs. 300!- or in default of payment of fine, to undergo RI for 3 months respectively. The rifle, DBBL gun, Khokhari, pistol, cartridges and the spear recovered from the possession of the appellants have been directed to be forfeited to the State and to be disposed of after the expiry of appeal or revision. Vide judgment of the trial Court, 6 cases, i.e. case First Information Report 252 dated 1-10-1984, under sections 399,1402 of the Code, Police Station Shah bad, District Kurukshetra against all the 5 appellants; case FIR 253 dated 2-10-1984, under section 25 of the Act, Police Station Shahbad, against Jaimal Singh appellant; case FIR 254 dated 2-10-84, under section 25 of the Act, Police Station Shah bad against Sukhbir Singh appellant; case FIR 255 dated 2-10-1984, under section 25 of the Act, Police Station Shahbad against Avtar Singh appellant; case FIR 256 dated 2-10-84, under section 25 of the Act of Police Station Shahbad against Balbir Singh accused and case FIR 257 dated 2-10-84 under section 25 of the Act of Police Station Shahbad against Baldev Singh accused were disposed of. The main case out of which all the 6 cases arise is that on FIR 252 dated 1-10-1984 all the five appellants were found sitting in a deserted Kothi in the area of village Deegh where they were sitting for committing a dacoit after having made preparations.

(3.) A raid was conducted by the Police in company of Yog Raj and Karnail Singh, prosecution witnesses. While they were going towards the said place, Deputy Superintendent of Police Ved Parkash, met them, along with other Police Officials and he was apprised of the situation and thereon he accompanied the Police Party. Inspector Amar Singh asked the accompanying Police constables to surround the Kothi from all sides and he, along with Deputy Superintendent of Police Ved Parkash, 3 Sub-Inspectors, one ASI and Yog Raj and Karnail Singh, P.Ws. went to the first floor and there they found all the five appellants present. Earlier Inspector Amar Singh gave a Lalkara to all the persons present therein not to move and told them that whosoever made an attempt to move would be shot dead. . All the five appellants were appended at the spot. Their persons were searched and the following recoveries were made from each of them: Jaimal Singh (i) Rifle Ex. P I-from his right hand. (ii) Bag Ex. P2-From his right shoulder containing 165 live cartridge Ex. P3 to P 167. (iii) Magazine Ex. p 168 from the pocket of his paints. Sukhbir Singh (i) one DBBL 12 gun Ex. P 169-from his right hand. (ii) Bage Ex. P170 from his shoulder containing 30 live cartridges Ex. p 171 to p 200. Baldev Singh Spear Ex. p 201 from his right hand. Balbir Singh (i) one country-made pistol Ex. p 202 loaded with a cartridge. (ii) three live cartridges Ex. p 203 to p 205 from his pocket. (iii) Cartridge Ex. p 206 taken out of the pistol. Avtar Singh Khokhri Ex. p 207 kept underneath his shirt. Rifle and remaining articles recovered from Jaimal Singh were sealed into separate parcels. Seal after use was handed over to Yog Raj P.W. 5 and remaining articles recovered were also similarly sealed vide separate parcels Apart from this recovery from each of the appellants, about 135 articles more were found in the room from where the appellants were apprehanded and the same were also taken into possession under section 102 of the Code of Criminal Procedure vide separate recovery memo. Thereafter, against each of the appellants a separate case under section 25 of the Arms Act was registered as indicated in the beginning of this judgment. Thus, the main case under sections 399/402, IPC along with five cases under section 25 of the Arm) Act were submitted before the Illaqa Magistrate and the same were committed for trial before the Sessions Court and ultimately entrusted to Additional Sessions Judge (III) Kurukshetra. All the six cases were tried together.