The main legal point established in the judgment is the reliance on evidence of secret information, raid, recoveries, and witness testimonies to prove the guilt of the accused beyond reasonable doubt.

AVNEESH JHINGAN, J.

1. These two appeals have been filed by five accused, who had faced trial in FIR No. 69 dated 28.02.2013 under Sections 399, 402, 411 IPC and Section 25 of the Arms Act, registered at Police Station Tripuri, Patiala.

2. Learned Additional Sessions Judge, Patiala, vide judgment dated 29.10.2015 convicted appellants Aman Kumar @ Nikka, Ravi Walia @ Kalu and Sandeep Singh @ Soni under Sections 399 and 402 IPC. Pardeep Singh @ Lucky was convicted under Sections 399 and 402 IPC and Section 25 of the Arms Act. Vide order of even date, they were sentenced as under:-

Name of the convict	Offence under Section	Sentence to undergo imprisonment	Fine	In default of payment of fine to undergo imprisonment
Aman Kumar @ Nikka	399 IPC	RI 4 years	Rs. 2,000/-	15 days
	402 IPC	RI 4 years	Rs. 2,000/-	15 days
Ravi Walia @ Kalu	399 IPC	RI 4 years	Rs. 2,000/-	15 days
	402 IPC	RI 4 years	Rs. 2,000/-	15 days
Sandeep Singh @ Sonu	399 IPC	RI 4 years	Rs. 2,000/-	15 days
	402 IPC	RI 4 years	Rs. 2,000/-	15 days
Pardeep Singh @ Lucky	399 IPC	RI 4 years	Rs. 2,000/-	15 days
	402 IPC	RI 4 years	Rs. 2,000/-	15 days
	25 of Arms Act	RI 2 years	Rs. 1,000/-	7 days

      The substantive sentences on all the counts were ordered to run concurrently.

3. Raju Mulla was declared proclaimed offender. Thereafter, learned Additional Sessions Judge, Patiala, vide judgment dated 16.02.2017 convicted appellant Raju Mulla under Sections 399 and 402 IPC and sentenced vide order dated 20.02.2017 to undergo rigorous imprisonment for 4 years and to pay fine of Rs. 2,000/- in default of payment of fine to undergo simple imprisonment for 15 days, under Section 399 IPC and to undergo rigorous imprisonment for 4 years and to pay fine of Rs. 2,000/- in default of payment of fine to undergo simple imprisonment for 15 days, under Section 402 IPC. The substantive sentences on all the counts were ordered to run concurrently.

4. Brief facts of the prosecution are that on 28.02.2013, ASI Amarjit Singh (PW-1) along with CIA Staff was patrolling in a Government vehicle bearing registration No. PB-11Y-8104. ASI received secret information that the accused persons armed with deadly weapons were sitting near village Jhill and were planning to commit dacoity in a big show room. Finding the secret information to be reliable, ruqa was sent to police station through HC Madan Gopal for registration of the case. Raid was conducted, accused were arrested. Their names and addresses were inquired. On search, a kirch from Sandeep Singh alias Sony; an iron rod from Raju Mulla; one Chhura from Ravi Walia; one Kirch from Aman Kumar alias Nikka and one .315 bore pistol along with two live cartridges from Pardeep Singh alias Lucky were recovered.

5. On completion of investigation, challan against the accused was presented before the Ilaqa Magistrate. Copies of documents and the challan were supplied to the accused. The case was committed to Sessions Judge, Patiala. During the proceedings, Raju Mulla was declared proclaimed offender.

6. The accused were charge-sheeted under Sections 399, 402 and 411 IPC and Section 25 of the Arms Act. They pleaded not guilty and claimed trial.

7. The prosecution in order to prove its case examined as many as 13 witnesses.

8. In their statements under Section 313 Cr.P.C. the accused pleaded false implication. But no evidence was led in defence to prove their innocence.

9. Learned trial court, after appreciating the facts and the evidence, convicted and sentenced the appellants under Sections 399 and 402 IPC. Appellant Pardeep Singh alias Lucky was convicted and sentenced under Sections 399 and 402 IPC and under Section 25 of the Arms Act. Appellants Aman Kumar, Sandeep Singh, Pardeep Singh and Ravi Walia were acquitted of the charges framed against them