NITIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Nitin has challenged the judgment of conviction and order of sentence dated 13.03.2003 and 15.03.2003, respectively, passed by learned Additional Sessions Judge, Hisar vide which he has been convicted for the offences punishable under Sections 392/397 IPC and Section 25 1 -B(b) of the Arms Act, 1959. He has been sentenced to undergo rigorous imprisonment for five years, besides, pay a fine of Rs. 500/ - and in default thereof, to undergo rigorous imprisonment for one month for the offence punishable under Section 392 IPC, to undergo rigorous imprisonment for seven years for the offence punishable under Section 397 IPC and to undergo rigorous imprisonment for one year, besides, pay a fine of Rs. 500/ - and in default thereof, to undergo rigorous imprisonment for one month for the offence punishable under Section 25 1 -B(b) of the Arms Act. All the sentences were ordered to run concurrently.

(2.) FIR No. 433 dated 30.11.2000 (Ex. PB/2) was registered on the basis of statement (Ex. PB) of Manohar Lal recorded on 30.11.2000 at 12.30 a.m. by ASI Santa Singh, police station city Hansi. Complainant Manohar Lal stated that he was engaged in doing domestic work. His mother Parmeshwari Devi was admitted in Leekha Hospital, Hansi. On 29.11.2000 at about 11.00 p.m., he was returning from his mother at the hospital. As he reached near the PWD workshop, a young man, wearing a shawl, was seen standing near a pole. On seeing him, the said man came towards him. He took out a dagger from underneath his shawl and threatened the complainant while pointing a dagger at chest of the complainant to handover whatever he had otherwise he would be killed. Out of fear, complainant took out Rs. 230/ - and gave it to the accused. On taking the money, the young man ran away towards Sabzi Mandi. In the meantime, Vikash son of Krishan Kumar and Bhavnesh son of Jagan Nath arrived on scooter. He stopped them and told about the young man who had made good towards the Sabzi Mandi after snatching his money. All three of them sat on the scooter and tried to look for the young man. When they reached near the State Bank situated on the link road towards Barwala, the said young man was seen going through Tikona Park. All three of them apprehended him near Nirankari Bhwan. On hearing noise, number of persons gathered there. Dagger and Rs. 230/ - were recovered from his possession. Young man disclosed his name as Nitin son of Maman Ram i.e., the present appellant. People who had gathered there gave him fist and slap blows due to which blood oozed out. Complainant was going towards the police station when he met ASI Santa Singh police station city Hansi on which the statement (Ex. PB) of the complainant was recorded on 30.11.2000 at 12.30 mid night. Thereon formal FIR No. 433 dated 30.11.2000 (Ex. PB/2) was registered.

(3.) PROSECUTION examined as many as three witnesses to prove its case.