ANUPAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Four appellants, namely, Sudhir, Anupam alias Anup, Ravi Kant and Raj Kumar have brought their respective aforementioned appeals against judgment dated 31-8-2004 and order dated 2-9-2004 whereby they were convicted under Sections 392/302/34, IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5,000/- each and in default of payment of fine to undergo further imprisonment for six months for the offence punishable under Section 302 and also to undergo rigorous imprisonment for five years each and to pay a fine of Rs. 1000/- each under Section 392 of the Indian Penal Code. In default of payment of fine, they have been ordered to undergo further RI for a period of two months. However, all the substantive sentences have been ordered to run concurrently.

(2.) Since all the aforesaid appeals arise out of one and the same judgment and order passed in Session Case No. RBT-128/ 23-8-2002/4-8-2000, therefore, they are being disposed of by this common judgment.

(3.) In nut-shell, facts culminating to the commencement of the aforementioned appeals may be recapitulated thus :- On 30-4-1989, at about 1:15 p.m., vehicle bearing No. HR 30-A-3502, an Armada make jeep of one Rajinder, son of Mool Chanid was hired by Deepak Goyal (22 years), since deceased, for going to State Bank of India, Palwal as he had to withdraw a sum of Rs. 5,95,000/-. On the said jeep, Dhani alias Dhani Ram (P.W. 4), a complainant in this case, was the driver. After the. withdrawal of the said amount, Deepak sat on the front seat while going back to his village Hassanpur. The money bag was kept by him in between his feet. When they reached in the area of village Pingpd, a blue maruti car at once crossed their jeep. A signal was given to stop the jeep. Then the said maruti car was stopped in front of the aforesaid jeep. Three young boys came out of the car, one of them fired a shot from his pistol which hit on the forehead of Deepak Goyal, who was sitting on the front seat in the jeep and thereafter the bag containing money was picked up. Thereafter, the car was turned back and all the three persons drove-away with the robbed money bag. After the said occurrence, Dhani Ram, (complainant), driver of the jeep, went to Village Hassanpur and there he narrated the story to Jagdish, father of Deepak Goyal. Then the injured was taken to hospital of village Hassanpur. There, first aid was given to him. After that, he was referred to Escorts Hospital, Faridabad. On reaching there, he was declared 'brought-dead by the doctor. Ultimately, they all reached Oivil Hospital, Palwal and there P.W. 12 SI Magan Singh, on receipt of wire-less message about the occurrence, reached the hospital and there he recorded the statement, Ex, PA. of Dhani Ram (P.W. 4), in the above narration of facts, at 4.00 p.m. on 30-4-1999, SI Magan Singh made his endorsement Ex. PA/1 on the statement of complainant Dhani Ram and then sent the same to the police station, upon which, formal FIR Ex. PA/2 was recorded under Sections 302/392 of the Indian Penal Code and 25, 54 and 59 of the Arms Act by MHC Naseer Ahmad (P.W. l) in Police Station, Sadar, Palwal at 4.10 p.m. SI Magan Singh (P.W. 12) SHO, who was the Investigating Officer in this case, prepared inquest report Ex. PD. He then also took into possession jeep, handkerchief, chappal of black colour and blanket lying in the said jeep, vide recovery memo Ex. P1. After that, he left for the place of occurrence and prepared a rough site plan Ex. PJ with correct marginal notes in his hand. On the same day, he also recorded the statements of driver Dhani Ram and Sumer Singh under Section 161 of the Code of Criminal Procedure. Clothes of the deceased, handed over by Constable Dalbir Singh, were also taken into possession vide recovery memo Ex. PB, Dhani Ram, complainant, was also arrested by him in this case, but, later on he was discharged as he was found innocent.