JUDGMENT

Swarana Kanta Sharma, J.

1. The present appeal has been filed by appellant under Section 374 read with Section 482 of Code of Criminal Procedure, 1973 ("Cr.P.C.") seeking setting aside of the impugned judgment dated 19.03.2009 and order on sentence dated 30.03.2009 passed by the learned Additional Sessions Judge-01, South, Patiala House Court, New Delhi in the Sessions Case No. 124/07 vide which the appellant has been convicted for the offences punishable under Section 399/402 of the Indian Penal Code, 1860 ("IPC") and Section 25 of Arms Act, 1959.

2. The facts upon which the present FIR was registered are that on 11.07.2007, Sub Inspector K.C. Kaushik alongwith other staff consisting of Head Constable Pritam Singh, Constable Ram Saran and Constable Maz Ahmed were on petrolling duty and later, were also joined by Constable Dev Lagan. A secret information was received by SI K.C. Kaushik that in MCD/ACC Park, Panchsheel Park, 5-6 miscreants are sitting intending to commit some crime. The information was passed on to the S.H.O, Police Station Malviya Nagar on telephone. 4-5 passersby were requested to join raiding party but they did not join and left without revealing the