SANDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) These are two appeals arising out of the judgment of conviction dated 31.01.2011 and order of sentence dated 07.02.2011 passed by Additional Sessions Judge, Kurukshetra who convicted the appellants for the offence punishable under Sec. 392 IPC. Appellant Amit was also held guilty under Sec. 25 of the Arms Act and they were sentenced to the following punishment:- <FRM>JUDGEMENT_456_LAWS(P&H)10_2013_1.html</FRM> Both the sentence were ordered to run concurrently.

(2.) The facts may now be detailed. Satish Kumar complainant - PW3 was a Railway employee working in Delhi. He had come to Ambala to attend a marriage. On 16.02.2009 after attending the ceremony, he came to the main bus stand for taking a bus for Delhi. At 9:45 P.M. one Indica car came and stopped near him. Two boys were sitting on the back seat. The driver was in the age group of 30 years. One boy wearing a "Murki" (ear stud) was sitting on the back seat. He asked him if he wanted to go to Delhi and they would charge the bus fare. One more person at that moment sat in the car on the front seat. As and when the complainant agreed and he was asked to sit in the middle seat. The car had reached Shahabad then the boy wearing the murki asked him for the fare. The complainant took out his money. The person demanded the entire amount and put a weapon on his chest and removed the two rings from his finger. He also took out the documents from his pocket including his driving license, identity card, visiting cards, Rs. 700.00 and a mobile phone bearing no.9891828223. He was hit on the head while he was alighting from the car and blood started oozing. They then fled away in the car. Satish Kumar approached the police and lodged the FIR No.41 dated 17.02.2009 in Police Station Shahabad, District Kurukshetra for the offence punishable under Sec. 394/397 Penal Code and also under Sec. 25/54/59 of the Arms Act.

(3.) There was no lead in the case and the investigation was entrusted to CIA Staff, Kurukshetra. They found that Sandeep Kumar was using the mobile phone which was snatched from the complainant. The calls were traced and Sandeep was arrested and he got the mobile recovered on 07.03.2009. The names of Sushil, Amit and Yashpal were also disclosed by him and they were subsequently arrested and the police recovered one ring, visiting card and Khukri from Amit. The police recovered one ring, one visiting card from Sushil. Car bearing registration No.RJ-05CA-0649 and one identity card was recovered from Yashpal. The police completed the investigation and laid a report against all the accused persons for commission of offences punishable under Sec. 394, 397 Penal Code and Sec. 25 of the Arms Act.