ANWAR @ BHUGRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant convicted by the trial court and his conviction and sentence having been confirmed by the High Court under Ss. 394 and 397 of the Indian Penal Code, 1860 as well as under Sec. 25 of the Arms Act, 1959, has filed the present appeals before this Court.

(2.) The facts as available on record are that FIR No. 104 dtd. 5/4/1994 was registered at P.S. Gharaunda, (Haryana) under Ss. 394 and 397 of the Indian Penal Code, 1860 (for short 'the IPC '). On 4/4/1994, Jahid (PW-4), the complainant had come to village Barsat for purchasing grocery items from his village Rana Majra. While he was returning to his village after purchasing the goods, he was apprehended by three persons near the cremation ground at about 8.00 P.M. They asked him to hand over whatsoever he had otherwise he would be eliminated. When Jahid (PW-4), the complainant, disclosed to them that he possessed only grocery items, two of them started giving him fist and leg blows. The accused were armed with drant, knife and pistol. The person who was having knife forcibly took his wrist watch.

(3.) In the meanwhile, a tractor came from side of village Barsat. Seeing the same, Jahid (PW-4), the complainant raised hue and cry for help. Harun Ali (PW-6) and Jain Singh (PW-5) were sitting on the tractor. They tried to catch hold of three persons. In the scuffle, the person who was having a drant gave a blow from its reverse side which struck Jahid (PW-4), the complainant, below his right eye. Another blow struck his left shoulder. Jain Singh (PW-5) was also inflicted injuries with the drant. The person who was having knife inflicted injuries to Harun Ali (PW-6). His purse containing Rs.20.00 and an identity card were taken away. Other person took away purse from the pocket of Jain Singh (PW-5) containing Rs.15.00. In the meantime, Mahinder Singh a resident of village Balehra came on the spot and on seeing those three persons tried to run away, but one of them who was armed with a knife was apprehended. He disclosed his name as Satpal son of Radhu Ram, resident of village Sadarpur. He also disclosed the names of other accused persons i.e Anwar @ Bhugra, son of Manga Ram resident of Mundi Garhi having pistol and Bablu @ Om Prakash, son of Ram Singh, resident of Baroli having drant.