GAGANDEEP @ VINU AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants-Gagandeep alias Vinu and Harpreet alias Raja have directed the present appeal against the judgment dated 25.4.2012 and order dated 26.4.2012 passed by Shri Lalit Batra, learned Sessions Judge, Kurukshetra vide which accused/appellants have been convicted under Sections 328, 411 and 420 of the Indian Penal Code (in short - the IPC) and accused Gagandeep alias Vinu was also held guilty and convicted under Section 419 of the IPC, and they were sentenced to undergo rigorous imprisonment as under :-

(2.) The prosecution of above mentioned accused have arisen out of the commitment order dated 21.1.2008 passed by Ms.Shalini Singh Nagpal, the then Additional Chief Judicial Magistrate, Kurukshetra.

(3.) The brief facts of the prosecution case are that on 1.7.2006, around 3.00 a.m., having received information regarding admission of patients Ajit Kumar Gopal and Neeraj Shukla in Aruna Asaf Ali Government Hospital, Rajpur Road, Delhi, Sub Inspector Ramji Lal of Police Post, I.S.B.T, Kashmiri Gate, Delhi, got recorded D.D.R. No.3 dated 1.7.2006 and having received the copy of same, Sub Inspector. Ramji Lal reached the hospital, from where, after receipt of copies of medico-legal reports of patients Ajit Kumar Gopal and Neeraj Shukla from the doctor concerned, sought his opinion about the fitness of above-said patients for recording their statements. However, both the patients were declared unfit to make statement. On the same day, around 8.30 p.m., patient Neeraj Shukla was declared fit to make statement vide opinion on the medico-legal report and thereafter, Sub Inspector Ramji Lal had recorded his (Neeraj Shukla) statement where he alleged that on 30.6.2006, around 7.30 pm, when he was going to Delhi from Chandigarh by a bus and at that time, a youth, aged about 22-25 years, was sitting nearby his seat. He further alleged that above-said youth had brought two bottles of milk at Bus-Stand, Pipli, out of which, that youth had given one bottle to him, which was drunk by him, whereas another one was drunk by that youth, however, after drinking that milk bottle, he got perturbed and became unconscious and when he regained his consciousness, he found himself to be admitted in the hospital and his camera, wallet, Walkman and ring of gold were found missing. On 2.7.2006, Sub Inspector Ramji Lal recorded the statement of another patient Ajit Kumar Gopal, wherein he alleged that on 30.6.2006, around 7.10 p.m., he had boarded a bus from Chandigarh for going Delhi and at that time, a youth, aged 25-26 years, also boarded that bus and sat beside him. He further alleged that when bus got stopped at Bus-Stand, Pipli, that youth brought two bottles of milk, out of which, one bottle was given to him, whereas he started drinking the another one, however, after having drunk the bottle of milk, he became unconscious and when he regained his consciousness, he found himself to be admitted in the hospital and his belongings i.e laptop, wallet credit cards of various banks, PAN card, Rs1,000/- in cash, mobile phone make Nokia, ring of gold and cheque book were found missing. As both the incidents had taken place at BusStand, Pipli, falling under the jurisdiction of District Kurukshetra, Sub Inspector Ramji Lal having prepared his report dated 2.7.2006, had dispatched both the statements alongwith copies of medico-legal reports of Ajit Kumar Gopal and Neeraj Shukla and D.D.R. to Superintendent of Police, Kurukshetra for further necessary action. On the basis of abovesaid information, FIR was registered on 22.7.2006 in Police Station, Sadar, Thanesar. Necessary investigation was conducted. Rough site-plan with regard to place of occurrence was prepared. On 3.8.2006, Inspector Yashwant Singh contacted Ajit Kumar Gopal and enquired from him about the incident, which had taken place on 30.6.2006 and use of his credit cards of ICICI and HSBC Banks at Sachdeva Electronics, Fatehganj, Ludhiana and D.S. Mobile Gallery at Field Ganj, Ludhiana. On 7.8.2006, Inspector Yashwant Singh alongwith other police officials and Ajit Kumar Gopal reached Sachdeva Electronics, Fatehganj, Ludhiana, where its owner Malinder Singh told that on 1.7.2006, two boys had come to his shop with one credit card of ICICI Bank and purchased one mobile phone worth Rs.15,300/- having forged the signature of Ajit Kumar Gopal. Thereafter, above-said officials and Ajit Kumar Gopal went to D.S. Mobile Gallery, Field Ganj, Ludhiana, where its owner Gurnam Singh had told that on 1.7.2006, two boys came to his shop and purchased a mobile phone and when he asked about their identity, they started quarrelling with him.