SHAHZAD @ BHURA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The contour of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record is that, on 07.07.2012, complainant-Sat Narain son of Hirday Ram, Gardener(Mali) in the Police Department, (for brevity "the complainant") was going to the Bus Stand Ambala City along with the railway line, to resume his duty. At about 6.00 AM, as soon as, he reached near the outer railway signal towards Railway Bridge, in the meantime, the petitioner and his other co-accused came from the backside, caught hold of him from behind and took him to one room below the railway lines. Thereafter the accused, who were having knives in their hands, told him to hand over what he was possessing at knife point. According to the complainant, all the accused robbed Rs.3500/-, mobile phone, sim and wrist watch from him. They also gave beatings to him, on account of which, his upper teeth was broken. He raised the noise and narrated the incident to Maya Ram, Washerman. Thereafter, all the accused slipped away from the place of occurrence with the robbed property and knives. In the background of these allegations and in the wake of statement of the complainant, the present criminal case was registered against the petitioner and his other co-accused, by virtue of FIR No.86 dated 07.07.2012, on accusation of having committed the offences punishable under Sections 392, 394, 397 and 411 IPC, by the police of Police Station GRP Ambala Cantt., in the manner depicted hereinabove.

(2.) After completion of the investigation, the police submitted the final police report(challan) against the accused to face the trial.

(3.) Having completed all the codal formalities, the trial Court charge-sheeted them, for the commission of offences punishable under Sections 392, 394 and 397 IPC, by way of impugned order/charge-sheet dated 08.02.2013.