MAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been directed against the judgment dated 25.09.2003 passed by the Additional Sessions Judge (Adhoc), Fast Track Court, Faridabad whereby the appellants have been convicted and sentenced for commission of offence punishable under Section 392 of the Indian Penal Code (in short 'IPC'), extracted hereinbelow: - <FRM>JUDGEMENT_412_LAWS(P&H)1_2015.htm</FRM>

(2.) THE facts relevant for disposal of the present appeal are that on 20.11.1997 Ram Avtar (PW1), working as a Kiryana Broker got recorded his statement that on that day, he was accompanied by Rajesh Kumar and had gone to Bhikam Colony, on scooter, for collecting money from the house of Ramesh Chand. All his customers were present there and he collected an amount of Rs.1,75,000/ -. He requested Rajesh to drop him at Railway Station, Ballabhgarh as he was to go to Delhi. At about 11 AM, he and Rajesh reached Tigaon Road, three persons came on a scooter and hit the scooter driven by Rajesh. After giving beatings to him, Ram Hari, Manbir and Man Singh snatched his green colour bag containing Rs.1,75,000/ - and ran towards Tigaon side.

(3.) ON the basis of statement of the complainant, formal FIR Ex.PA/2 was recorded by ASI Laxmi Narayan. SI Bishamber Dayal inspected the spot, prepared rough site plan Ex.P1 of the place of occurrence, recorded statement of Rajesh on 14.04.1998 and added offence under Section 392 IPC. On 07.05.1998, Ram Hari, Bhopal, Man Singh, Sukhbir, Sudhan and Manbir were arrested by SI Anoop Singh, CIA Faridabad. They were interrogated and their disclosure statements were recorded. Accused Jafru was arrested on 21.06.1998. On completion of investigation, challan was presented in the Court for commencement of trial. After due compliance with the provisions of Section 207 Cr.P.C., the case was committed to the Court of Sessions as offence under Sections 395 and 397 IPC being exclusively triable by the said Court. Charge under Sections 392, 395, 397 IPC was framed against the accused to which they pleaded not guilty and claimed trial. To prove its case, prosecution examined as many as five witnesses namely Ram Avtar complainant PW1, Sh. R.K.Saini, Additional Sessions Judge, Gurgaon PW2, SI Bishamber Dayal, Investigating Officer PW3, SI Laxmi Narayan PW4 and SI Anoop Singh PW5.