JITINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of Shri S.K. Jain, Sessions Judge, Gurgaon.

(2.) THE two appellants are Jatinder Kumar and Harbans, both aged 23 years residents of Rewari. They have been convicted under section 394 read with section 397, Indian Penal Code, for which they have been sentenced to seven years' rigorous imprisonment. They have also been convicted under section 307/34, Indian Penal Code, and sentenced to seven years' rigorous imprisonment each. Harbans has further been convicted under section 27 of the Arms Act and sentenced to six months' rigorous imprisonment. The sentences of the respective appellants have been ordered to run concurrently.

(3.) THE telephonic message was received by A.S.I. Ram Singh PW11 at 12.30 noon at Gurgaon. He went to village Manesar which is situated at a distance of 16 Kms. from Gurgaon on the Delhi-Jaipur National Highway. Having reached there, he recorded the statement, Exhibit P.J., of Sohan Lal Talwar, Manager of the Bank. He arrested both the appellants, took stock of the robbed property, the weapons and other incriminating material like Helmet, bag, motor cycle etc. and took all investigatory steps relevant for the purpose. Before his arrival, however, Ram Singh had been taken to the hospital for medical help which was given to him by Dr. Prem Kumar DW2 at General Hospital, Gurgaon at 12.30 P.M. that day. He found on Ram Singh two injuries out of which one was possibly due to a fire-arm and the other with the blunt weapon; the injuries being fresh. On the other hand, the accused were sent up for medical examination by the Investigating Officer to Gurgaon where Harbans was examined at 3.30 P.M. and Jatinder at 4.15 P.M. the same day by Dr. S.P. Singh PW1. There were as many as 13 injuries on Harbans inclusive of a fracture in his right hand and as many as 6 injuries on Jatinder inclusive of a fracture on his left arm and right leg. Those injuries were fairly extensive and the evidence has come causing them to some extent disabilities.