MUKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This common judgment shall dispose of Crl. Appeal No. 1858- SB of 2002, Crl. Appeal No. 1873-SB of 2002 and Crl. Appeal No. 246-SB of 2004 filed by the Appellants to impugn the judgment of conviction dated 23.10.2002 and order of sentence dated 26.10.2002 rendered by Additional Sessions Judge, Gurgaon, in Sessions Case No. 32 of 1.7.2000, arising out of FIR No. 66 dated 24.3.2000 under Sections 395/397 IPC, Police Station Bilaspur, District Gurgaon.

(2.) By the said judgment, Appellants were convicted under Section 395 read with Section 397 IPC and sentenced to undergo RI for seven years and to pay a fine of Rs. 200/-, in default of payment of fine, to further undergo RI for one month each.

(3.) Prosecution story, in brief, is that Deepak Kumar and Ram Avtar were serving as Salesmen on the Petrol Pump of Murlidhar Vijay Kumar situated at Bilaspur Chowk and were on duty during the intervening night of 23/24.3.2000. Ishwar Singh, Clerk, Dharampal, Salesman, and Suresh, Driver, were sleeping at the same petrol pump. During night time at about 12.30 AM, a Maruti Car bearing No. HR-06-C-4585 came and six persons including Mukesh @ Sonu were in the car. Mukesh @ Sonu had served at the petrol pump for 3-4 days about 3-4 months earlier. Mukesh @ Sonu was known to the complainant. Car was stopped for getting the fuel. Petrol worth Rs. 300/- was filled in the tank of the car. Driver after alighting from the car demanded Rs. 200/- from Ram Avtar by saying that he was to give him a currency note of the denomination of Rs. 500/-. Ram Avtar was having a bag containing cash in his hand. Bag was opened to return Rs. 200/-. Then driver of the car attempted to snatch the bag. On seeing this, complainant came to help Ram Avtar and tried to catch hold the driver of the car. All the remaining five occupants of car came out of the car to help their companion and had grappled with Ram Avtar and Deepak Kumar, complainant. Ram Avtar did not allow them to snatch his bag. In the meantime, one of the assailants armed with a knife gave blow on the forearm of Ram Avtar. Bag was snatched from Ram Avtar. Raula was raised, then accused had fled away from the spot in their car without number plate on its back side. Complainant and Ram Avtar gave information to Ishwar Singh, Dharampal and Suresh about the occurrence. Ram Avtar was shifted to General Hospital, Gurgaon, for treatment, where he was medico legally examined at 1.30 AM on 24.3.2000. Ruqa was sent to concerned police station. Injured was referred to Safdarjung Hospital, Delhi, after first aid.