Jasbir Singh @ Javri @ Jabbar Singh vs State Of Haryana

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.

On this, prosecution got examined PW-1 Satish Kumar, PW-2 Prem Kumar, PW-3 Balwant Singh, PW-4, Head Constable Ram Singh, PW-5 Narinder Singh (an official in the Office of the District Magistrate) and PW-6 Assistant Sub Inspector Sube Singh. The oral and documentary evidence was put to the accused under Section 313 of the Code, in reply to which they stated that the same is false. In defence, DW-1 Sushil Kumar Rana was got examined, who stated that the appellant and other three accused, as suggested by prosecution, were not arrested together. This witness has stated that Jagpal was arrested from Government Girls College, Karnal. The trial court, after hearing the parties, relied upon the testimony of PW- 6, Assistant Sub Inspector Sube Singh, which is supported by PW-1 Head Constable Satish Kumar and PW-4 Head Constable Ram Singh. It further found that the sanction of prosecution given by the District Magistrate as against appellant Jasbir Singh @ Javri @ Jabbar Singh was proved on the record in respect of offence punishable under Section 25 of Arms Act. The trial court held all the six accused were guilty of charge of offences punishable under Sections 399 and 402 IPC on 15.5.204. Appellant Jasbir Singh @ Javri @ Jabbar Singh and Jagpal were further found guilty and convicted under Section 25 of Arms Act. After hearing on the sentence, on 17.5.204 the trial court (Additional Sessions Judge, Fast Trek Court, Karnal) sentenced each of the convicts, namely, Jasbir Singh @ Javri @ Jabbar Singh, Shamsher Singh @ Chhammi, Sumer Singh, Jagpal, Rattan Singh and Raj Kumar @ Raju to rigorous imprisonment for a period of seven years under Section 399 IPC, and rigorous imprisonment for a period of five years under Section 402 IPC. Appellant Jasbir Singh @ Javri @ Jabbar Singh and co-accused Jagpal were further sentenced to rigorous imprisonment for a period of six months under Section 25 of Arms Act.

Aggrieved by the above judgment and order dated 15.5.2004/17.5.2004, passed by the trial court, the convicts, including the appellant Jasbir Singh @ Javri @ Jabbar Singh, filed appeals before the High Court of Punjab and Haryana. The High Court, vide impugned judgment and order dated 8.8.2014, affirmed the conviction of appellant Jasbir Singh @ Javri @ Jabbar Singh and other co-accused, but reduced the sentence under Section 399 IPC to rigorous imprisonment for a period of five years without disturbing sentence on other counts. Hence, this appeal by Jasbir Singh @ Javri @ Jabbar Singh before us through special leave.

Accordingly, the appeal is allowed. The Conviction and sentence recorded against appellant Jasbir Singh @ Javri @ Jabbar Singh under Sections 399 and 402 IPC and one punishable under Section 25 of Arms Act, is hereby set aside. The appellant shall be released forthwith, if not required in connection with any other trial.

April 06, 2015