UDHAM SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The appellant, who is a 'victim' as defined under Section 2(wa) of the Code of Criminal Procedure, has filed the present appeal for challenging the judgment dated 9.2.2015 passed by the Additional Sessions Judge, Karnal whereby respondents No.2 to 5 were acquitted of the charge under Section 395 of the Indian Penal Code.

(2.) The case of the prosecution, in brief, is that on 14.12.2002, the appellant, who was working in Videocon D2H Company at Kurukshetra, received a call on his mobile No.99965-22142 from mobile No.95414-69393 regarding recharge of a dish TV connection and for the said purpose, he reached the bridge of Hanauri river at 12.00/12.30 p.m. on his motorcycle bearing registration No.HR-05-Q-8399. The person, who had made a call to him, was found sitting on the canal bridge. He was in the age group of 22-23 years. He sat on the pillion seat of the motor-bike so as to guide the appellant to his Dera which was situated at some distance. After covering a distance of about 1 km., he instructed the appellant to stop the bike and took out the keys of the bike. In the meantime, three young persons came there, who, after parking their bikes, directed the appellant to hand over all the valuables and cash. When the appellant objected, all the culprits started beating him with Dandas. They forcibly snatched his purse containing Rs.15,800/-, a mobile phone, registration certificate, pollution certificate and insurance of his motor-bike, besides his driving licence. They tried to put red chilly powder in his eyes. Thereafter, all of them de-camped from the spot.

(3.) It may be worthwhile to mention here that apart from respondents No.2 to 5, there was one more accused in the case i.e. Iqbal @ Sonu, whose trial was entrusted to the Juvenile Justice Board. Vide judgment dated 22.1.2014, the Principal Magistrate, Juvenile Justice Board, Karnal acquitted said Iqbal @ Sonu.