SUBHASH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Vide this order, above mentioned three appeals would be disposed of as the appellants had faced trial in FIR No. 172 dated 29.4.1999 under Section 394, 392 read with Section 397 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station City Sonepat and by way of the above appeals, appellants have challenged their conviction and sentence as ordered by the Trial Court vide judgment/order dated 13.2.2004/16.2.2004.

(2.) FIR in the present case was registered on the statement made by complainant Ram Niwas Gaur. Complainant made a statement that on 29.4.1999, at about 1.15 P.M., he was going to deposit the cash amount of Rs. 94,031/- with State Bank of India after collecting the same. The cash was being carried by him in a cloth bag. At that time, Vinod Kumar, Security Guard was also accompanying him. When they reached Indira Colony near Shiv Mandir, a Maruti van came and stopped in front of their vehicle.

(3.) One young person of medium height and dark complexion, wearing a black shirt and trousers, got down from the van. The said person was armed with a country made pistol and asked the complainant to hand over the bag containing currency notes to him. When the complainant refused to do so, then the said person gave a blow with the butt of the pistol on the head of the complainant. As a result of this, complainant fell down and that fellow took away the bag containing money from the hand of the complainant.