DHARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 8/11.5.2001 passed by the learned Additional Sessions Judge, Sonepat (for short 'the trial Court'), whereby the accused/appellant has been convicted for the offence and sentenced as under :-

(2.) Brief facts of the prosecution case are that on 27.11.1999, ASI Virender Singh was going towards Kishora turn in connection with patrolling alongwith other police officials. He saw there a maruti car by the side of road and also noticed an injured person, who was lying in the ditches. ASI Virender Singh picked up the injured and took him to the General Hospital for treatment. The injured Ashok Kumar, herein, 'the complainant' gave statement, Ex. PG, to the effect that he was running cloth business at Panipat. He started his journey for Delhi at about 12 O' clock in connection with his business work in a car bearing registration No. PB- 10AK-2203, being driven by Dharamvir, herein 'the appellant'. The complainant was carrying Rs. 3 lacs and a draft drawn on J & K Bank in a red colour bag upon which, letters A.K. were embroided. When they were at a distance of about 50 yards from Kishora turn, the appellant stopped the car, pressed his throat and hit him with iron rod and inflicted injuries on various parts of his body. The appellant snatched his bag and ran away from the spot. The complainant further submitted that during the scuffle, wind screen of his car was also broken.

(3.) On the basis of statement, Ex. PG, formal FIR, Exhibit PG/2, was recorded.