110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-273-SB-2005 Date of Decision:14.05.2026 Raj @ Rijwan …Appellant Vs.

State of Haryana …Respondent (ii) CRA-S-307-SB-2005 Rajesh …Appellant Vs.

State of Haryana …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Parveen Sharma, Advocate for the appellants (POA filed)

Mr. Rajinder Kumar Banku, Sr.DAG, Haryana.

***

N.S.Shekhawat J. (Oral)

1. This judgment shall dispose off two criminal appeals i.e CRA-S- 273-SB-2005 titled as “Raj @ Rijwan Vs. State of Haryana” and CRA-S-307- SB-2005 titled as “Rajesh Vs. State of Haryana, which have been directed against the common impugned judgment of conviction dated 13.01.2005 and order of sentence dated 15.01.2005 whereby, the appellants have been convicted for commission of the offence punishable under Section 25 of Arms Act and were sentenced accordingly.

2. The brief facts of the prosecution case are that on 30.05.2003, SI Yashpal Singh, Incharge of C.I.A. Staff, Sonepat and at about 07:00 P.M,, he was present at Namaste Chowk, Ganaur, along with other police officials, where he met A.S.I Jagpal from Police Station City, Ganaur, who was also accompanied by other police officials. A secret about information was received by S.I Yashpal Singh that about 7/8 persons were planning to loot Jain Petrol Pump, G.T. road, Ganaur and they were armed with deadly weapons. The secret information further revealed that they were sitting in a deserted house where the plan was being finalised by them and the said house was near Jain Petrol Pump, G.T Road, Ganaur. It was also revealed that if raid is conducted forthwith,then those boys could be apprehended. On receipt of this information, S.I Yashpal Singh formed three raiding parties, out of which one was headed by A.S.I Jagpal and the second team was to be headed by A.S.I Kalander Singh, whereas, third team was to be headed by S.I Yashpal Singh himself. At the relevant time, S.I Yashpal Singh was in Govt. Jeep along with his fellow police officials. Whereas, A.S.I Jagpal and his companions (Police officials) were in a private Jeep. Both government Jeep and private Jeep were parked near Jain Petrol Pump and raiding teams proceeded to the disclosed place on foot. At a distance of 50/70 yards was the deserted Kotha from Jain Petrol Pump. The necessary instructions were passed on by SI Yashpal Singh to the members of the raiding teams and they were told that as soon as they get torch signal from S.I Yashpal Singh, they would surround the deserted Kotha. S.I Yashpal Singh reached near the window of the deserted Kotha on the western side and overhead them. One of them was saying that he and Rajesh will over-power the employees of Petrol Pump and Rijwan will cordon the petrol pump at the time of dacoity and will not allow any body to enter the compound of petrol pump. He was further saying that remaining members will snatch the cash at petrol pump. On hearing this conversation, S.I Yashpal Singh gave the torch signal and the police parties surrounded the Kotha from all directions and S.I Yashpal gave a Lalkara to the accused from all directions that they should surrender before the Police. On hearing this, two of the accused fled away from the spot due to darkness whose names were subsequently confirmed as Krishan and Shokat, whereas, the remaining accused were apprehended at the spot by police parties. Accused Brahampal was having .12 bore country made pistol duly loaded in the right dub of his trouser. The recovered pistol and cartridge were put into a sealed parcel and the seal of “YP” was affixed on the same by S.I Yashpal Singh and the sketch of country made pistol was prepared as Ex. PB/1 and they were taken into possession vide recovery memo Ex. PB. The pistol has been proved as Ex. P-1 and cartridge has been proved as Ex. P-2. The search of accused Rajesh son of Ram Dhan also led to recovery of .315 bore country made pistol duly loaded from the right dub of his trouser. The pistol