WARYAM SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) AGAINST judgment dated 09.09.2004 rendered by Sh. S.K. Gupta, the then Additional Sessions Judge, Jagadhri, the aforementioned two appeals have been preferred. In fact against Pola Singh only charge under Section 29 of Indian Arms Act, 1959 was framed whereas other appellants Waryam Singh, Avtar Singh along with Parvesh Kumar faced trial for committing offences punishable under Sections 392/397 IPC.

(2.) AFTER trial, vide impugned judgment dated 09.09.2004, the then Additional Sessions Judge, Jagadhri, acquitted Parvesh Kumar -accused holding that the charge against him was not proved. However, accused -appellants Avtar Singh and Waryam Singh were held guilty for the offences punishable under Sections 392/397 IPC and accused Pola Singh for the offence punishable under Section 29 of Indian Arms Act, 1959.

(3.) BRIEF facts of the case are like this; that complainant Harbhajan Singh (PW -12) lodged report (Ex. PF) with the police stating that he owns Maruti Car bearing No. DL -4 -CB -2637 which was being plied as taxi. On 28.03.2003, one Labh Singh of his village came to him by his Esteem car with three passengers (two Sikh gentlemen and one clean shaven) and told him that aforesaid three persons had hired his car for going to Bilaspur to attend a marriage, but his car had gone out of order near Radaur. Labh Singh then requested him to take him to Bilaspur by his car. Charges were settled at Rs. 600/ -. Complainant alongwith aforesaid three persons started from Ladwa at about 6.30 PM for going to Bilaspur. At about 08.00 PM when they reached near Village Shahpur PS -Chhachhrauli, the aforesaid people asked him to stop the car as they were to pass urine. When complainant stopped the car, they asked him to get down. When he came out of the car, they caught hold of him by his neck and asked him to handover whatever valuables he was possessing at that time. They removed a purse from the backside pocket of his pant. That purse was containing Driving Licence, currency notes to the tune of Rs. 400/ - and some documents. They took out a small gun and threatened him not to report the matter to the police otherwise he will be done to death. Then they all pushed him aside and could make good their escape along with his car. Complainant also gave identity of the aforesaid persons. He told that the offenders were speaking Punjabi and were calling themselves by the names of Avtar Singh and Waryam Singh. A wireless message was sent to all the police stations for nabbing the offenders. Thereafter, Investigating Officer of the case Sh. Ishwar Singh, SHO (PW -8) accompanied the complainant to the place of occurrence and inspected the spot. He prepared rough site plan (Ex. PO).