SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal was filed by Shamsher Singh through jail. His co-accused, namely, Ranbir Singh, Baljit Singh, Kesav @ Kesho, Kaptan Singh, Ramesh @ Maheshi and Jagdish were acquitted by the trial Court. They were accused in case FIR No. 228 dated 20.11.1997, registered at Police Station Uklana, under Sections 395, 216A, 120B, 342 and 412 IPC. The Appellant was held guilty of offence punishable under Sections 395 and 342 IPC by the Court of Additional Sessions Judge, Hisar vide judgment dated 10.8.2000 and was sentenced by a separate order dated 11.8.2000 as under: <FRM>JUDGEMENT_947_TLP&H0_2011_1.html</FRM>

(2.) Sukhdev @ Sukha S/o Joginder Singh resident of Rania (Sirsa) had made statement Ex.P9 in which he stated that he was a resident of Sirsa and was working as a driver on truck bearing registration No. RJ-31-G-0178 and was drawing salary of Rs. 1800/- per month. Name of owner of the truck is Daljinder Singh. One Balwinder Singh alias Babbu son of Gian Singh was working as a Cleaner on the truck. On 19.11.1997 at about 9.30 p.m., after loading paddy (zeeri), he left from village Kariwala to Kaithal. The paddy belonged to one Kapur Singh son of Dalip Singh. He was accompanying the truck driver and the cleaner. At about 2.00 a.m. when they reached at a distance of 10 kilometer from Bhuna towards Uklapa, in the middle of the road, logs of kikar tree were placed, therefore the truck was stopped. Then, all of a sudden, 5 or 6 persons appeared; complainant, cleaner and the owner of the paddy alighted from the truck. A person saw as to what was loaded in the truck. He informed co-accused that the truck was loaded with paddy, then accused persons, with muffled faces, took away the driver, cleaner and owner aside. They conducted the personal search of the complainant/driver and took away his purse in which there was a sum of Rs. 900/- approximately. Those accused who took the complainant, cleaner and owner of the paddy to a nearby kotha in the fields and tied all of them with loosened plastic niwar of a cot which was lying there in the kotha. Two of the assailants guarded these three persons and gave a threat not to raise alarm otherwise they would be liquidated. 3-4 persons took away the truck loaded with paddy towards Uklana. The truck driver gave description of the assailants who sat by their side, one person with fat body, aged about 36/37 years, wearing a blue coloured pant and had covered himself with woolen loi (blanket), height about 59''. The other person was described as wearing kurta-payjama of stripped colour with thin body, height about 5'6'', aged about 30 years with blanket black and white squares print. The complainant stated that in case the accused are produced before him, he could identify them.

(3.) The above stated FIR was investigated; 6-7 persons were arrested; and report under Section 173 Code of Criminal Procedure was submitted. The Appellant, along with all the co-accused, was charged for offence under Section 120-B, 395 read with Section 120B, 342 read with Section 120B IPC and 506 read with Section 120B. Additionally, Kaptan, Ramesh, Baljit Singh, Ranbir and Jagdish were also charged with offence under Section 412 IPC.