SIKANDER ALIAS DHILLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS faced trial for offence punishable under Sections 394, 397 read with Section 34, 120 -B IPC and 25 of the Arms Act in case bearing FIR No. 48 dated 3.2.2001 registered at Police Station City Bhiwani. Appellants Sikander alias Dhillu and Ashwani alias Kala were convicted and sentenced for offence punishable under Sections 394, 397 & 120 -B IPC while accused Satish was convicted and sentenced for offence punishable under Sections 394, 397, 120 -B IPC and 25 of the Arms Act.

(2.) THE case of the prosecution in brief is that on 3.2.2000, Ramesh Kumar, complainant, an employee of Super Service Station Petrol Pump, Loharu Road, Bhiwani, had gone to the house of Tulsi Dass, owner of the petrol pump, with a sum of Rs. 34,000/ - and took Rs. 1,79,000/ - from Tulsi Dass for depositing in Oriental Bank of Commerce, Clock Tower, Bhiwani. At about 11:15 a.m., when they reached Liberty Cinema near the turn of Bhiwani Gas Agency, appellant Sikander, who was driving the car slowed down the vehicle. Two young boys aged about 25/30 years came near the car and forcibly stopped it at pistol point. One of them took the rear seat and the other boy took the front seat. The complainant was dragged to the rear seat of the car and given knife blows, when he tried to get himself relieved. The complainant tried to snatch the knife, as a result of which he received injuries on both his hands. One injury was received by him on the right side of the neck below the ear. The complainant was asked to sit silently. The driver, Sikander was asked to back the car and it was taken from the side of Haluwas Gate towards Dadri Gate and then to Thana road. The driver Sikander also tried to get the complainant relieved at which he was also given blow on the left hand with knife. On the way, they found the railway gate closed and again took the U -turn and proceeded towards Bhiwani. The complainant and driver were thrown on the road and the vehicle along with the currency notes Rs. 2,13,000/ - and golden ring of the complainant were taken away in the car by the assailants.

(3.) THE complainant reached the petrol pump and apprised the owner, Tulsi Dass of the incident. The complainant as well as the driver were taken to the Civil Hospital, where Dr. Vasudha Gupta, PW -7 medico -legally examined them. She found the following injuries on the person of Sikander (now appellant) : -