AVTAR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Criminal Appeals No.1410-SB and 1016- SB of 2009.

(2.) These appeals are directed against the judgment dated 7/10.2.2009 of the learned Additional Sessions Judge, Faridabad vide which the appellants have been convicted under Section 364 I.P.C. and sentenced to undergo RI for seven years and to pay a fine of Rs.1000/- each and in default of payment of fine, to - further undergo RI for one month. Appellant Naresh was further convicted under Section 25 of the Arms and sentenced to undergo RI for one year and to pay a fine of Rs.1,000/- and in default, to further undergo RI for one month.

(3.) The prosecution story is based on the statement of complainant Ashok Kumar who was examined as PW-2 during the course of trial. He stated that on 5.4.2008, he was proceeding in his Bollero vehicle bearing No.HR55T- 4462 from Lajpat Nagar to Gurgaon when he was waylaid near Dhola Kuan, Delhi by the accused persons who were on a Maruti car. The vehicle being driven by the complainant was stopped and he was dragged by four persons into the Maruti car and two persons took away his Bollero vehicle. They tied his hands with his scarf which he was having with him. Upon raising an alarm, the police who was present on the Check Post, rescued him. On being encountered by the police, shots are said to have been fired by one of the accused persons who was ultimately found to be in possession of 12 bore country made weapon with one live cartridge and one empty.