AJAY SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of two Criminal Appeals bearing Criminal Appeals No. 351-SB of 1992 and 352-SB of 1992, both filed by the accused. The appellant has been convicted under Section 397 I.P.C. and sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 1000/-, and in default of payment of fine, to undergo further rigorous imprisonment for two months; under Section 394 I.P.C. and sentenced to undergo rigorous imprisonment for 5 years with fine of Rs. 1000/- and in default of payment of fine, to undergo further rigorous imprisonment for two months in case F.I.R. No. 341 dated 16.10.1991 under Sections 394 and 397 I.P.C. registered at Police Station Sadar Rohtak; and under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for three months in case F.I.R. No. 342 dated 16.10.1991 under Section 25 of the Arms Act registered at Police Station Sadar Rohtak.

(2.) In brief, the prosecution case is that on 15.10.1991, one Jeet Ram, driver, was taking his truck from Gurgaon to Nabha via Rohtak. His nephew Joginder was also accompanying him. On the way at Farook Nagar, they took their meals at about 12.30 midnight. They reached a crossing in the area of village Dighal where one tyre of the truck got punctured. When they were changing the wheel, the accused Ajay Singh approached them and told them that he wants to go to Rohtak to join his duty, and requested for a lift in the truck. Thereupon, Jeet Ram agreed and gave him a lift. The accused sat by the side of the driver Jeet Ram. Joginder sat on the seat behind the seat of the driver. When the truck entered into the area of Village Kalauntha, the accused drew out a knife and put it on the neck of Jeet Ram asked him to stop the truck otherwise he would kill him. Jeet Ram stopped the truck on the right side. Then accused caused a slap on the face of Jeet Ram and removed an amount of Rs. 1,450/-, a goods receipt and the purse from his pocket. He also removed the wrist watch of Jeet Ram and gave him 3-4 fist blows. After that, when the accused was alighting from the truck. Jeet Ram caught hold him from the back side and asked his nephew Joginder to give him the iron rod lying in the truck. With that rod, Jeet Ram caused blows to the accused. In the scuffle, accused caused tooth bite on the nose and hand of Joginder. Thereafter, the accused jumped down from the truck and entered into the nearby Harbar field and hide himself therein. Then, Jeet Ram took his truck to Police Station Sadar Rohtak and reported the matter to the police. His statement was recorded, on the basis of which, the F.I.R. was registered against the accused while giving his description. Thereafter, the police accompanied Jeet Ram in a jeep and reached at the place of occurrence. On search, the accused was found lying in injured condition in the field. He was identified by Jeet Ram and was arrested by the police. The looted property, i.e. the amount of Rs. 1,450/-, purse and the bill were recovered from the accused and were taken into possession vide memo Ex.PD. Thereafter, both Jeet Ram as well as accused Ajay Singh were got medically examined. Ex.PA is the M.L.R. of the accused which has been proved by PW-2, according to which, there were eight injuries on the person of the accused. Ex.PK is the M.L.R. of Jeet Ram got proved by PW-6, according to which, five injuries were found on his body.

(3.) The accused was charge-sheeted for the offence punishable under Section 394 read with Section 397 I.P.C. as well as Section 25 of the Arms Act. To prove its case, the prosecution examined only six witness, including PW-4 Jeet Ram and PW-5, the Investigating Officer. In his statement under Section 313 Cr.P.C., the accused had taken the plea that on the date of occurrence, he had boarded the truck of Jeet Ram for going to the house of his sister. Jeet Ram took liquor with him on the Jind road by-pass in the area of Rohtak and asked him to bring more liquor, when he refused. Jeet Ram picked up a quarrel with him and then gave iron road blows to him which was supplied to him by Joginder. From there, he was taken to the police station where a false case was planted on him.