SANJEEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed by appellant- Sanjeev Kumar, against the judgment of conviction and order of sentence dtd. 7/12/2004 passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhari, in session case No. 93 of 2002 arising from FIR No. 167 dtd. 6/4/2002, under Ss. 395/397 IPC, registered at Police Station City Yamuna Nagar.

(2.) However, in the proceedings of the said FIR, five accused i.e. Sanjeev, Mausam, Sudesh, Manoj and Harish were tried, but vide judgment of conviction and order of sentence dtd. 7/12/2004, only appellant-Sanjeev was convicted for the offence punishable under Sec. 411IPC and resultantly was sentenced for a period of 01 year as rigorous imprisonment alongwith fine of Rs.500.00 and in default of payment of fine, to further undergo R. I. for 03 months.

(3.) Appellant was found in possession of partial looted amount of Rs.13,000.00 alongwith photographs and one bag belonged to the complainant. Initially, FIR (ExPj/2) was registered on 5/4/2002 under Sec. 379 IPC on the version given by the complainant- Joginder Singh. Subsequently, on 15/4/2002, by recording the supplementary statement of complainant Joginder Singh, offence was upgraded to the incident of dacoity and thus, Ss. 395/397 IPC were added during investigation with an allegations of using of country made pistol by the accused and of snatching the amount of Rs.37,000.00.