MADAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by the accused -appellants against the judgment of conviction under Section 392/397 IPC and order of sentence vide which they have been sentenced to undergo rigorous imprisonment for 7 years along with fine of Rs. 5,000/ - each for the offences under Section 392 read with Section 397 IPC and in the event of default of payment of fine they shall further undergo rigorous imprisonment for one year.

(2.) THE brief facts are that on 26.08.2002 PW -Rajbir nephew of the complainant Gainda Ram had gone to City Karnal on his motor cycle to purchase seeds. When he was coming back on western canal bridge near village Kachhwa three young men duly armed with pistol and dagger intercepted him. One of them fired a shot hitting in his neck due to which he fell down and those persons took away his motorcycle. Slippers of injured remained at the site. Two persons were carrying country made pistols whereas third person was having a dagger in his hand.

(3.) FIVE persons were apprehended in case bearing FIR No. 282 dated 03.09.2002 under Section 399/402 IPC and under Section 25 of Arms Act. Three accused herein were amongst those five arrested in the said case. They were joined in the investigation in the present case on 03.09.2002 and made disclosure statements. Accused Madan @ Birju, Ram Niwas and Sandeep @ Sonu made their disclosure statements viz. Exs. PG, PH and PJ respectively.