IMPORTANT POINT
Where evidence is contradictory and unbelievable and investigation is faulty, appellants-accused would be entitled to benefit of doubt

JUDGMENT

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. S-1389-SB has been dismissed, and conviction of accused (appellant) Jasbir Singh @ Javri @ Jabbar Singh, recorded by the Additional Sessions Judge, Fast Trek Court, Karnal, has been affirmed in respect of offences punishable under Sections 399 and 402 of the Indian Penal Code (IPC) and one punishable under Section 25 of Arms Act. However, the sentence awarded by the trial court to the appellant under Section 399 IPC has been reduced to the period of imprisonment for five years.

2. Heard learned counsel for the parties and perused the papers on record.

3. 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 (none of last four examined), was on duty in connection with detection of some crime. He received a secret information that appellant Jasbir Singh @ Javri @ Jabbar Singh, and co-accused Shamsher Singh, Jagpal, Rattan Singh, Raju and Sumer Singh, armed with deadly weapons, were planning to commit dacoity in a liquor shop on Meerut Road, Karnal. On receiving the information, Assistant Sub Inspector Sube Singh and other police officials proceeded towards electric pole, Ganda Nala, Sector 5, Karnal. It was 1.20 p.m. (noon) when the police party observed that all the accused were in blue shirts. The police team further went near the miscreants and heard the conversation of the appellant and co-accused that they would commit dacoity in the night in the liquor shop on Meerut Road, Karnal. After hearing the conversation, the police officials surrounded and apprehended four of the accused. They succeeded in arresting appellant Jasbir Singh @ Javri @ Jabbar Singh and recovered from his possession one country made pistol (Ex. PD) with two live cartridges of . 315 bore. The police party further succeeded in apprehending co-accused Shamsher Singh @ Chhammi, Jagpal and Sumer Singh. On personal search of Shamsher Singh one knife (Ex. PF) was recovered, and one Saria (Iron Rod) (Ex. PG) was recovered from Sumer Singh. From accused Jagpal one country made pistol loaded with cartridge (Ex. PE) was said to have been recovered. The other two accused, namely, Rattan Singh and Raj Kumar @ Raju succeeded in running away from the spot.

4. After the arrest of the four accused, as mentioned above, Assistant Sub Inspector Sube Singh (PW-6) prepared memo (Ex. PD/1) in respect of recovery of pistol, memo (Ex. PE/1) relating to recovery of cartridges, memo (Ex. PF/1) relating to recovery of knife, and memo (Ex. PG/1) relating to recovery of iron rod. Ruqa (memo) (Ex. PH) was sent by the Assistant Sub Inspector Sube Singh (PW-6) to Police Station, City, Karnal. On the basis of said report FIR No. 355 dated 26.6.2003 was registered against all the six accused relating to offences punishable under Sections 399 and 402 IPC. As against accused (appellant) Jasbir Singh @ Javri @ Jabbar Singh and co-accused Jagpal, crime in respect of offences punishable under Arms Act were also registered. PW-6, Sube Singh, himself conducted the investigation and prepared the site plan (Ex. PJ) and recorded statements of witnesses. On 29.6.2003, co-accused Rattan Singh and Raju were also arrested. On completion 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 court of Ilaqa Magistrate, Karnal, who committed the case to the Court of Sessions for trial of the accused.

5. It appears that after giving necessary copies of documents, and hearing the parties, charge was framed by the trial court against all the accused in respect of offences punishable under Sections 399 an