VED PARKASH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ved Parkash, Bijender @ Vijay and Jitender @ Pintu have assailed the judgment of conviction dated 07.04.2004 and order of sentence of even date recorded by Sh. D.D. Yadav, the then Ld. Additional Sessions Judge (Adhoc), Jhajjar whereby all the above named appellants were convicted for committing offence punishable under Ss. 412 IPC and were sentenced to undergo rigorous imprisonment for 03 years and to pay a fine of Rs. 3,000/ - with default clause.

(2.) Initially, challan was presented in this case against six persons namely Ved Parkash, Bijender @ Vijay, Jitender @ Pintu, Dharamvir @ Choutala son of Prabhu, Vijender and Surender @ Nitu son of Zile Singh. By the impugned judgment, besides appellants, Dharamvir and Surender were also convicted under Sec. 412 IPC whereas accused Jasbir was acquitted.

(3.) Brief facts of the case are like this; that the complainant Ramesh Jain resident of Jain Gali, Delhi Gate, Jhajjar who was also residing at Rohini, Delhi was doing the business of Bidi and was having his office at Jhajjar. He was supplying the Bidi to his dealers at Bhiwani, Tosham, Dadri etc. and used to collect the weekly payments from those dealers. On 15.01.2001, he left his house at Rohini, Delhi at about 09.30 AM and reached his office at Jhajjar at about 11.30 AM via Bahadurgarh. He had to collect the payments regarding supply of Bidi -Cigarette from Dadri, Bhiwani and Tosham. So he left his office at Jhajjar with his Salesman Devender Kumar in his vehicle Marshal Jeep bearing registration No. HR -14A -2203 driven by his driver Ved Parkash. At about 01.15 PM they reached at Bhiwani and collected an amount of Rs. 3,15,000/ - from their dealer and then they collected Rs. 1,00,000/ - from their Tosham dealer who was also having a shop at Bhiwani. They left Bhiwani at 02.00 PM with their vehicle and reached at Dadri at 02.40 PM. They collected Rs. 5,00,000/ - from the dealer at Dadri. They left Dadri at about 03.00 PM packing the amount of Rs. 5,00,000/ - in a box and the remaining amount of Rs. 4,15,000/ - in a canvas bag. At about 04.00 PM when they reached at M.P. Majra with their vehicle an old Maruti car without number plate came from behind and stopped in front of their jeep so they stopped their jeep. Thereafter, three boys in the age group of 20 -22 years got down from that Maruti car. Those persons had muffled their faces and were having pistols in their hands. The two other boys remained sitting in the Maruti car. Those boys slapped and gave fist blows and pulled them down their jeep including the driver of the jeep and they ran away with the jeep and the cash therein. Thereafter, the complainant sent his salesman Devender to Jhajgarh while he himself and his driver Ved Parkash boarded some passenger jeep and went to Police Station, Jhajjar and he moved his written application Ex. PA on the basis of which ASI Ram Phal recorded the FIR Ex. PA/1. He then accompanied the complainant to the spot and inspected the site and prepared the rough site plan Ex. PS/1 with marginal notes. He recorded the statement of Devender. Thereafter, SI Randhir Sigh, SHO also arrived at the spot and took up the investigation in his hand. He made search for the culprits but did not find any clue.