STATE OF HARYANA Vs. AMAN KUMAR AND ANR

JUDGEMENT

(1.) The State of Haryana has filed this application for grant of leave to appeal under Section 378(3) Cr. P.C. against the judgment dated 2.12.2009 passed by the Addl. Sessions Judge, Fast Track Court, Sirsa, whereby Respondents Aman Kumar and Sumit @ Vicky have been acquitted of the charge under Sections 392/394/397 read with Section 34 IPC framed against them, and Section 25 of the Arms Act framed against Respondent Sumit @ Vicky.

(2.) In this case, both the Respondents, who are real brothers and doing Kiryana business in front of the cotton factory of the complainant, were tried by the learned Additional Sessions Judge, Fast Track Court, Sirsa for committing the offence under Sections 392/394/397 IPC and Section 25 of the Arms Act in case FIR No. 48 dated 20.1.2009 registered under Sections 392/394/397 IPC and Section 25 of the Arms Act at Police Station City, Sirsa. The said FIR was registered on the basis of the statement made by the complainant. According to the said statement, at about 8.00 p.m., two young men with muffled faces came on their motorcycle. They stopped their motor cycle in front of the office of the complainant. After alighting from the motor cycle, they entered into his office. One of them was armed with country made pistol and other with kappa in his hand. After entering into the office, both of them asked the complainant to give cash. One of them snatched 50,000 from his Clerk, who was present in his office and thereafter ran towards the gate. In the meanwhile, his Clerk raised alarm which attracted the workers, who were working in the factory. One Pardeep Kumar, worker tried to catch hold the assailant, who was having kappa in his hand, but the said assailant gave a kappa blow on his right arm. Thereafter, the other workers tried to catch hold both the assailants. In that process, the clothes, with which the assailants had muffled their faces, had fallen down and both of them were recognized as Sumit @ Vicky and Aman son of Vijay Kumar, who were running a Kiryana shop in front of his cotton factory. He further stated that Aman, who was armed with kappa, managed to escape from the spot, whereas Sumit @ Vicky was apprehended by him along with the pistol and the amount of 50,000. In the last, it was stated that accused Sumit @ Vicky tried to escape from the spot and in that process his motor cycle slipped and, thus, he had also received injuries.

(3.) In support of its case, the prosecution has mainly relied upon the statement of Jai Kishan (PW1), Amit Kumar, Clerk (PW2) and Pardeep Kumar, worker (PW10). Pardeep Kumar (PW10) was medico-legally examined by PW7-Dr. Pawan Kumar. His Medico Legal Report is Ex.P11 on the record.