IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 30.10.2025 ARUN & ANR ... APPELLANTS VERSUS STATE OF HARYANA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Atul Dhankar, Advocate for the appellant.

Mr. Sunny Namdev, AAG, Haryana H.S. Grewal, J.(Oral)

1. This appeal has been filed against the judgment of conviction dated 12.03.2009 and order of sentence dated 14.03.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Gurgaon in case FIR No. 138 dated 22.03.2008 under Sections 399/402 of IPC and Sections 25/54/59 of Arms Act registered at Police Staton Manesar, Gurgaon, the appellants have come up before this Court by filing the present appeal.

2. Since the learned counsel for the appellant has been elevated to the Bench, the appellant should not be left unrepresented before this Court. Hence, this Court appoints Mr. Atul Dhankar, Advocate as Amicus Curiae to represent the appellant in the present case.

3. The case of the prosecution is that in the intervening night 21/22.03.2008, ASI Narotam Parshad along with ASI Prithvi Singh, HC Devender, HC Tejpal, Hari Om and others was present at Bas Kusla Chowk. During this time, Inspector Rajiv Kumar received secret information that seven boys were planning to commit a dacoity near the wall, behind Maruti Suzuki Company, at a deserted spot between heaps of earth. The informer disclosed that the suspects were armed and intended to tie up the factory guards before committing the offence. Believing the information to be reliable, Inspector Rajiv Kumar attempted to associate public persons in the raiding party, but none were willing. Consequently, three raiding parties were formed — one led by Inspector Rajiv Kumar, the second by ASI Prithvi Singh, and the third by ASI Narotam Parshad. Instructions were issued that, on receiving a signal from Inspector Rajiv Kumar, the party led by ASI Prithvi Singh would surround the suspects from the northern side, while the party led by ASI Narotam Parshad would take position from the southern side, and Inspector Rajiv Kumar’s party would conduct the raid. The police party proceeded in a Gypsy, which was parked about two killas away from the spot. Thereafter, Inspector Rajiv Kumar, along with his team, approached the location stealthily and observed seven persons armed with pistols, dandas and iron rods, with two motorcycles parked nearby. One of the accused was overheard saying that, since it was a holiday due to Holi, it was a good opportunity to commit dacoity. Another person asked Dharmender Kumar what should be done, to which Dharmender replied that he, along with Arun, Hoshiar Singh, and Anil, would enter the Copper Factory, overpower the guards, and open the main gate. Sanju @ Sanjay was instructed to be ready with his pistol, while Naneh and Ajay were to stay near the gate with the motorcycles.Upon hearing this conversation, Inspector Rajiv Kumar signalled the other parties, and the police moved in. The Inspector announced that the accused were surrounded from all sides and should surrender. On this, the accused tried to flee on their motorcycles but were apprehended.

4. Upon interrogation, their identities were ascertained. A search of their persons led to the recovery of one country-made pistol of .315 bore loaded from Dharmender, and one country-made pistol of 12 bore with a live cartridge from Sanjay. From Anil, one iron rod was recovered; from Arun and Hoshiar, one lathi each was seized. Sketches of the weapons were prepared, and the same were taken into police possession as none of the accused could produce any licence or permit for the firearms. A ruqqa was sent for registration of the case. Mobile phones recovered from Dharmender, Sanjay, Anil, and Arun @ Harun were also taken into possession.

5. Pursuant thereto, vide order dated 12.03.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Gurgaon, the appellants were convicted as under: