VIKAS AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, six cases bearing Criminal Appeal Nos. S -2560 -SB of 2012, S -2337 -SB of 2012, S -2487 -SB of 2012, S -3168 -SB of 2012, S -307 -SB of 2013 and S -3366 -SB of 2012 shall be disposed of as said appeals have arisen out of the same judgment of conviction and order of sentence dated 24.07.2012 passed by Additional Sessions Judge, Bhiwani, whereby, all accused -appellants have been convicted for offences punishable under Sections 397 and 120 -B of Indian Penal Code (for short 'IPC') and sentenced to undergo RI for a period of 10 years along with fine.

(2.) BRIEFLY , the facts of the case are that FIR No. 16 dated 19.01.2011 was registered under Sections 395, 397 and 120 -B IPC at Police Station Sadar, Charkhi Dadri. As per the allegations in the FIR, on 18.01.2011, a telephonic message was received from Police Station City, Charkhi Dadri at about 10:30 pm at Police Station Sadar, Charkhi Dadri regarding an incident at Village Chiria. On receipt of said message, ASI Attar Singh along with other Police officials reached at the place of occurrence and injured Ashok Kumar was got admitted in Govt. Hospital, Charkhi Dadri. The injured was declared unfit to make statement by the doctor and was, subsequently, referred to PGIMS, Rohtak. Thereafter, statement of complainant/injured was recorded. It was stated by the injured that he had purchased one Maruti Swift D -Zire car bearing registration No. HR -99 -Temp -0576 on 24.11.2010. On 18.01.2011 at about 8:00 pm, when he was leaving for Khatu Shyam Baba (a religious place in Rajasthan), two boys, who were known to him by face, took lift from him and when they reached at Village Chhuchhakwas via Deeghal and Beri at the insistence of those two boys, he started proceeding via village Matanhel and Bahu. On reaching Village Bahu, their three more friends also met them, who accompanied them to have 'Darshan' at the religious place. On the way, they threatened the complainant and started beating. He was even attacked with a sharp edged weapon on the forehead and was also given an iron rod blow by one of the occupants. Thereafter, rest of them also gave beatings to him and even fired a shot. They also took out the purse of the complainant containing Rs. 11,500/ - and took away the vehicle as well. Complainant informed and narrated the whole incident to one Sanjay. Thereafter, the Police reached at the place of occurrence and got the complainant admitted in the Hospital at Charkhi Dadri from where he was referred to PGIMS Rohtak.

(3.) PROSECUTION in support of its case examined as many as 24 witnesses.