SARFRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The aforementioned two appeals have been directed against the judgment dated 07.04.2012 rendered by learned Additional Sessions Judge, Palwal, whereby both the aforementioned appellants along with co-accused Mubarik and Jafru have been held guilty for offence punishable under Section 395 of Indian Penal Code (for short 'IPC') and vide order of sentence dated 09.04.2012, each one of them were sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 10,000/- with default clause.

(2.) Briefly, prosecution case is like this; that on 07.07.2009, complainant Hamid lodged a report (Ex.P6) with the police of Police Post, village Utawad to the effect that he was working as a driver on Truck No. RJ-02-GA-6915 for the last four months. Farukh was working as a conductor on the aforesaid truck. At about, 1:00 A.M., he loaded crusher in the aforesaid truck and left for village Bahin, Tehsil Hathin, District Palwal. At about, 5:00 A.M., he unloaded the truck and was going to village Kot for taking money from the contractor. The labourers, namely, Assar, Mubin residents of village Alkhara, District Alwar (Rajasthan) and Umar Mohammad, resident of village Ahmadwas were also in the truck. When they reached near the culvert of village Kot, a vehicle make Marshal (Max) came from behind and was parked in front of their truck. As a result, he had to bring his truck to a halt. 10-12 persons with muffled faces alighted from the aforesaid Martial (Max) vehicle. Three of them were armed with country made pistol. Six of them boarded the truck and forced him, conductor Farukh and the labourers to get down from the truck. As per complainant, he, conductor Fraukh and labourers were put in Marshal vehicle whereas the truck was taken away by 6 assailants. As per complainant, their hands were tied and, thereafter, they were left in the fields. After about 20 minutes, they managed to untie their hands and then had gone to village Gurawali to the house of relative of Farukh. On this report, case was registered under Sections 395, 397 of IPC and under Section 25 of the Arms Act.

(3.) On 08.07.2009, accused Sajid, Sarafraj, Jafru and Mubarik Khan were arrested in another case bearing FIR No. 212 of 2009, under Sections 399/402 IPC. In that case, all the aforesaid 4 accused suffered disclosure statements wherein they admitted that they had looted the truck No. RJ-02-GA-6915 on 07.07.2009 and further that the aforesaid truck was taken away by Jafru and Shamsher Singh for the purpose of selling it. These disclosure statements are Ex.P13 to Ex.P16.