RAM MEHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 15/17.2.2003 passed by Sh. M.C. Mehra, Additional Sessions Judge, Bhiwani, vide which the accused appellant Ram Mehar alongwith Roshan Lal has been convicted under Section 392, 397 IPC and sentenced to undergo imprisonment for a period of 7 years and to pay fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 1 years. Accused Ram Mehar appellant has been further convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of 1 year.

(2.) However, both the sentences were ordered to run concurrently.

(3.) Briefly stated, the facts as gathered from the record are that Jai Bhagwan complainant made a statement to the police that he was working as a driver of Maruti car bearing registration No. DDQ-134 belonging to Bhiga Ram s/o Jagdish r/o village Mundhal. On 9.2.2002, his vehicle was parked at bus-stand Mundhal. At about 7.00 p.m. two boys one of them known as Ram Mehar and another boy who was wearing a black jacket came to him for hiring his car for going to Sukhpura and they paid Rs. 100/- as rental charges. Both the persons occupied the rear seat of the vehicle. Ram Mehar was having a white bag in his hand. They started for Sukhpura and the car reached at a distance of 1km from Sukhpura turn, accused Ram Mehar asked the complainant to stop the car as he wanted to attend the call of nature. Whereupon the vehicle was stopped and Ram Mehar came out of the vehicle. He took out a double barrel small gun from his gunny bag and asked the driver to come out of the vehicle.