KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kuldeep Singh has filed this revision against judgment dated 20.8.2014, passed by the learned Sessions Judge, Fatehabad, vide which his appeal against judgment of conviction and order of sentence dated 17.1.2013 and 21.1.2013 respectively, passed by the learned Additional Chief Judicial Magistrate, Fatehabad, was dismissed whereby he along with four other co-accused was held guilty under Sections 392 and 120B IPC and sentenced to undergo RJ for three years and fine of Rs. 5000/-, in default thereof, to undergo further RI for one month under Section 392 IPC. He was also sentenced to undergo RI for six months and fine of Rs. 1000/-, in default thereof, to undergo further RI for seven days under Section 120B IPC. However, the learned Sessions Judge acquitted one of the convicts Mehar Singh. The brief facts necessary for the disposal of the present revision are that on 14.2.2009, Mehar Singh hired a taxi belonging to the complainant Binder Singh. Mehar Singh was accompanied by three boys and told that Ajay etc. are his relatives and are to go to village Ding Mandi. In the way, three boys told that they have to pick up one more person from Ratia. When they reached Ratia Bus stand, one more person was picked up and taxi proceeded for Fatehabad. Near village Ayalaki, Ajay @ Kala accused asked Binder Singh complainant to take a turn to village Boswal. When the complainant questioned him that they were to go to village Ding Mandi, then the accused put a pistol on his head and forced him to shift to the rear seat of the Car. One of the accused drove the car and took the same to village Shekhupur Soz. On the way, the complainant was relieved of Rs. 4500/- from his purse, one mobile Nokia 1200 bearing Sim No. 09814689248 and later on pushed the complainant out of the running car and fled towards Shekhupur Soz. The description of the other boys was also given in the complaint. Suffice to say that during the course of investigation in addition to the other accused, revisionist Kuldeep Singh was also apprehended.

(2.) Five persons, namely, Mehar Singh, Kuldeep Singh, Jagdish @ Jaggu, Ajay @ Kala and Ram Mehar were put to face trial.

(3.) In support of its case the prosecution examined ASI Hargian Singh (PW1), SI Yogesh Kumar (PW2), ASI Satpal Singh (PW3), H.C. Dalip Singh (PW4), Inspector Bimla Devi (PW5), SI Charan Singh (PW6), Inspector Narsi (PW7), Satnam Singh (PW8), E/ASI Gurcharan Singh (PW9), Binder Singh complainant (PW10) and closed its evidence.