BOSTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment would dispose of 3 appeals, mentioned above as the same are arising out of the same judgment.

(2.) THE appellants were convicted for the offence punishable under Section 395 IPC vide impugned judgment dated 6.1.1993 in case FIR No.6 dated 5.1.1992 registered at Police Station Sadar Palwal and each of them was sentenced to undergo R.I. for 4 years and to pay Rs.200/ - each as fine and in default of payment of fine to further undergo R.I. for 2 months vide impugned sentence order dated 8.1.1993 passed by Sh.M.P.Mehndiratta, the then Additional Sessions Judge, Faridabad.

(3.) THE facts of the prosecution case are that PW9 Joginder Kumar, who was resident of Uttam Nagar, Delhi used to ply his Maruti Van No.HYW -3025 as a taxi. On 5.1.1992, the appellants hired his taxi for Palwal. From there, they went to Hodal. On their way back towards Delhi from Hodal, one of the appellants namely Bostar pointed out a pistol to Joginder Kumar - complainant and directed him to stop the Maruti Van. The appellants pushed out Joginder Kumar and they then drove away the Maruti Van towards Delhi. Joginder Kumar - complainant received injuries when he was pushed out of the Maruti Van. He went to Police Station Sadar Palwal and lodged report regarding this incident. On the basis of his statement, case FIR No.6 dated 5.1.1992 under Sections 395 and 397 IPC was registered at Police Station Sadar Palwal.