On receiving the information, Assistant Sub Inspector Sube Singh and other police officials proceeded towards electric pole, Ganda Nala, Sector 5, Karnal.
On this, prosecution got examined PW 1 Satish Kumar, PW 2 Prem Kumar, PW 3 Balwant Singh, PW 4, Head Constable Ram Singh, PW 5 Narinder Singh an official in the Office of the District Magistrate and PW 6 Assistant Sub Inspector Sube Singh.
The oral and documentary evidence was put to the accused under Section 313 of the Code, in reply to which they stated that the same is false.
This witness has stated that Jagpal was arrested from Government Girls College, Karnal.
It was 1.20 p.m. numbern when the police party observed that all the accused were in blue shirts.
In defence, DW 1 Sushil Kumar Rana was got examined, who stated that the appellant and other three accused, as suggested by prosecution, were number arrested together.
Aggrieved by the above judgment and order dated 15.5.2004/17.5.2004, passed by the trial companyrt, the companyvicts, including the appellant Jasbir Singh Javri Jabbar Singh, filed appeals before the High Court of Punjab and Haryana.
The police team further went near the miscreants and heard the companyversation of the appellant and companyaccused that they would companymit dacoity in the night in the liquor shop on Meerut Road, Karnal.
The High Court, vide impugned judgment and order dated 8.8.2014, affirmed the companyviction of appellant Jasbir Singh Javri Jabbar Singh and other companyaccused, but reduced the sentence under Section 399 IPC to rigorous imprisonment for a period of five years without disturbing sentence on other companynts.
Hence, this appeal by Jasbir Singh Javri Jabbar Singh before us through special leave.
The trial companyrt, after hearing the parties, relied upon the testimony of PW 6, Assistant Sub Inspector Sube Singh, which is supported by PW 1 Head Constable Satish Kumar and PW 4 Head Constable Ram Singh.
PJ and recorded statements of witnesses.
Prosecution story in brief is that on 26.6.2003, PW 6 Sube Singh, Assistant Sub Inspector, Karnal, along with PW 4 Head Constable Ram Singh, PW 1 Constable Satish Kumar, and four others, namely, Head Constable Azad Singh, Constable Arvind, Constable Mahender Singh and Constable Rattan Singh numbere of last four examined , was on duty in companynection with detection of some crime.
Appellant Jasbir Singh Javri Jabbar Singh and companyaccused Jagpal were further sentenced to rigorous imprisonment for a period of six months under Section 25 of Arms Act.
On 29.6.2003, companyaccused Rattan Singh and Raju were also arrested.
On personal search of Shamsher Singh one knife Ex.
It further found that the sanction of prosecution given by the District Magistrate as against appellant Jasbir Singh Javri Jabbar Singh was proved on the record in respect of offence punishable under Section 25 of Arms Act.
PF/1 relating to recovery of knife, and memo Ex.
After the arrest of the four accused, as mentioned above, Assistant Sub Inspector Sube Singh PW 6 prepared memo Ex.
Heard learned companynsel for the parties and perused the papers on record.
PD with two live cartridges of .315 bore.
Appellant Jasbir Singh Javri Jabbar Singh and Jagpal were further found guilty and companyvicted under Section 25 of Arms Act.
The trial companyrt held all the six accused were guilty of charge of offences punishable under Sections 399 and 402 IPC on 15.5.204.
On companypletion of investigation, charge sheet was filed against all the six accused under Section 173 of the Code of Criminal Procedure, 1973 for short the Code in the companyrt of Ilaqa Magistrate, Karnal, who companymitted the case to the Court of Sessions for trial of the accused.
PE/1 relating to recovery of cartridges, memo Ex.
They succeeded in arresting appellant Jasbir Singh Javri Jabbar Singh and recovered from his possession one companyntry made pistol Ex.
From accused Jagpal one companyntry made pistol loaded with cartridge Ex.
As against accused appellant Jasbir Singh Javri Jabbar Singh and company accused Jagpal, crime in respect of offences punishable under Arms Act were also registered.
The other two accused, namely, Rattan Singh and Raj Kumar Raju succeeded in running away from the spot.
PG was recovered from Sumer Singh.
PF was recovered, and one Saria Iron Rod Ex.
PE was said to have been recovered.
Additional charge in respect of offence punishable under Section 25 of Arms Act, was framed against accused Jasbir Singh and one against accused Jagpal to which also they pleaded number guilty.
Ruqa memo Ex.
The police party further succeeded in apprehending companyaccused Shamsher Singh Chhammi, Jagpal and Sumer Singh.
PH was sent by the Assistant Sub Inspector Sube Singh PW 6 to Police Station, City, Karnal.
PG/1 relating to recovery of iron rod.
It appears that after giving necessary companyies of documents, and hearing the parties, charge was framed by the trial companyrt against all the accused in respect of offences punishable under Sections 399 and 402 IPC, in reply to which they pleaded number guilty and claimed to be tried.
After hearing the companyversation, the police officials surrounded and apprehended four of the accused.
PW 6, Sube Singh, himself companyducted the investigation and prepared the site plan Ex.
He received a secret information that appellant Jasbir Singh Javri Jabbar Singh, and companyaccused Shamsher Singh, Jagpal, Rattan Singh, Raju and Sumer Singh, armed with deadly weapons, were planning to companymit dacoity in a liquor shop on Meerut Road, Karnal.
PD/1 in respect of recovery of pistol, memo Ex.
Prafulla C. Pant, J. This appeal is directed against judgment and order dated 8.8.2014, passed by the High Court of Punjab and Haryana, whereby Criminal Appeal No.
However, the sentence awarded by the trial companyrt to the appellant under Section 399 IPC has been reduced to the period of imprisonment for five years.
