SUBHASH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals have been filed by the accused persons who were convicted and sentenced to rigorous imprisonment for ten years by the Additional Sessions Judge, Sonepat, under Section 120-B of the Indian Penal Code (IPC). The appellants were convicted along with two other co-accused who were convicted under Sections 392, 397 of IPC and Section 25 of the Arms Act. All the accused persons preferred appeals before the High Court. The High Court reduced the sentence of the accused for the offences under Section 397 and Section 120 of IPC, from 10 years to 7 years only. However, rest of the sentence for other offences remained undisturbed.

(2.) Brief facts of the case are that the complainant Bal Kishan and his nephew Sanjay were going on a motorcycle carrying Rs.46,000/- with them in the dicky, for purchasing a piece of land. While they were near a Farm, two accused persons - Manjeet and Bijender (not appellants herein) came from behind in Maruti car. They brandished country made pistol and asked the complainant to stop and as the complainant stopped, the accused persons asked them to hand over the money. The complainant handed over the key of the motorcycle to them. The accused persons took out the money and sped away. The complainant gave the information of this incident to ASI Rajinder Kumar whom he met on the way to the Police Station. On the basis of this information an FIR was registered at Sonepat Police Station. The accused were charge-sheeted for the offence punishable under Sections 120-B, 392, 397 of the IPC and Section 25 of the Arms Act. The Trial Court convicted all the four accused persons and sentenced them for various offences. Accused Manjeet and Bijender were sentenced to undergo five years' rigorous imprisonment and to pay a fine of Rs.5,000/- under Section 392 of IPC. They were further sentenced to undergo 10 years' rigorous imprisonment and to pay a fine of Rs.10,000/- each under Section 397 of IPC. Accused Manjeet was further sentenced to undergo one year's rigorous imprisonment and a fine of Rs.500/- under Section 25 of the Arms Act. Accused Mukesh and Subhash (appellants herein) were sentenced to undergo 10 years' rigorous imprisonment and to pay a fine of Rs.10,000/- each, under Section 120-B of IPC as according to the Trial Court, the robbery was committed after the conspiracy hatched with them.

(3.) Aggrieved by the judgment and order dated 20.3.2002 passed by the Additional Sessions Judge, Sonepat, all the accused persons preferred appeals before the High Court. The High Court reduced the sentence of rigorous imprisonment of 10 years to 7 years, in respect of the offence under Section 397 and Section 120-B of IPC. Before us there are only two accused persons, namely, Subhash and Mukesh, who were convicted only under Section 120-B of IPC and no other offence.