JITENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in this appeal is to the impugned judgment of conviction dated 10.2.2001 and order of sentence dated 13.2.2001, by means of which, appellant-convict Jitender son of Bihari Lal (for brevity "the appellant") was convicted and sentenced to (i) undergo rigorous imprisonment for a period of five years, to pay a fine of Rs. 1000/-and in default of payment of fine, to further undergo imprisonment for a period of two months, on accusation of having committed the offence punishable u/s 392 IPC, (ii) to undergo rigorous imprisonment for a period of seven years, for the commission of offence punishable u/s 397 IPC and (iii) to further undergo rigorous imprisonment for a period of five years, to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo imprisonment for a period of two months u/s 25 of the Arms Act.

(2.) The matrix of the facts, material and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of instant appeal and emanating from the record, is that on 20.2.2000, complainant Dharmender Singh (PW3) was returning from village Majra and was going to his own village Bodia Kamalpur on his motorcycle, bearing registration No.HR-29-G-3932. At about 4 PM, when he reached near Nandha turning, then, the appellant signaled him to stop his motorcycle. He asked him to give lift on his motorcycle upto Rewari. The complainant asked him to avail the lift upto village Khori as he was not going to Rewari. The prosecution claimed that at about 4.30 PM, as soon as, they reached near the bus-stop of the village (place of occurrence), in the meantime, the appellant asked him to stop the motorcycle. Thereafter, he suddenly snatched the keys of his motorcycle, took out a country made pistol and threatened the complainant to hand over his motorcycle, otherwise, he would kill him. Faced with the situation, the complainant handed over his motorcycle to the appellant.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, according to the prosecution that the appellant while committing robbery, used a deadly weapon (pistol Ex.P1) and attempted to cause death and grievous injury to the complainant. In the background of these allegations and on the basis of complaint of the complainant, the present criminal case was registered against the appellant, by way of FIR No.47 dated 20.2.2000, on accusation of having committed the offences punishable u/ss 392, 397 IPC and 25 of the Arms Act by the police of Police Station Sadar Rewari in the manner depicted here-in-above.