AJMER SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of all the three appeals against conviction, mentioned above which have arisen out of the same judgment dated 29.11.1999, vide which the appellants have been held guilty and convicted for the offences punishable under Sections 394/34, 398/34 of Indian Penal Code (for short 'IPC') and Section 25 of Arms Act (for short 'the Act') and the order on the quantum of Sentence dated 30.11.1999, vide which the appellants have been sentenced as under:- <FRM>JUDGEMENT_63_LAWS(P&H)11_2015_1.html</FRM>

(2.) The brief facts giving rise to this prosecution are that on 01.08.1997, Inspector Rajesh Kumar Duggal, the then S.H.O, Police Station Civil Lines, Hissar along with police party was present near gate number 1, Haryana Agriculture University, Hissar (for short 'H.A.U') inconnection with patrolling. PW-10 Satish met him and made the statement disclosing therein that he was posted as Assistant-cum-Cashier in the Land Scape Office, H.A.U, Hissar. At about 10.15 a.m, he along with PW-11 Harish Chander, Attendant in the office of Land Scape, H.A.U, Hissar had gone to the State Bank of India, branch H.A.U, Hissar to withdraw the cash for disbursement of the salary to the staff. They withdraw a sum of Rs. 6,25,073/- from the bank and kept said money in a bag. They were going on a 'kachha' passage towards their office. When, they reached near dispensary quarters, a Maruti car bearing registration number DL-5C-5257 was found parked on dispensary road. When, they reached near said Maruti car, then two persons having pistols in their hands came to them. They pointed the pistols on their chest and asked them to hand over the bag containing cash. The complainant and Harish Chander did not allow them to take the bag. The person who has pointed the pistol at the chest of the complainant asked the another person Balwan to fire the shot and he fired the shot from his pistol on the left leg of Harish Chander and they forcibly snatched the bag from Harish Chander containing Rs.6,25,073/-. The third person was already sitting in the Maruti car. The engine of the Maruti car was already on and they fled away in the car towards gate no.3. The complainant also narrated the physical features of the assailants. Inspector Rajesh Kumar Duggal recorded the statement of complainant Satish Kumar Ex.PG. On the basis of which, the FIR Ex.PG/2 was registered and investigation was started.

(3.) The Investigating Officer sent the information to the control room for holding the 'Nakabandi' in the area. He also prepared the site plan of the place of occurrence Ex.PL. He lifted the empty cartridge and blood stained pebbles from the spot, which were taken into possession vide memo Ex.PH.