SATYAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Crl. Appeal Nos.1896 and 1809 - SB of 2002 together as common question of law and facts are involved in both the appeals being arisen out of one judgment. Both these appeals have been filed against the judgment of conviction and order of sentence dated 12.10.2002 passed by the Additional Sessions Judge, Bhiwani, whereby accused -appellants Satyawan, Naresh and Dinesh have been convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2000/ - each for commission of offence punishable under Section 392 IPC. In default of payment of fine, they were further sentenced to undergo rigorous imprisonment for a period of one year.

(2.) THE FIR was registered on the basis of statement made by Mohinder Singh -complainant, alleging therein that he was working as a driver on a jeep bearing registration No. HR -33/0903, which belonged to his brother -in -law, Dharambir. One Sajjan Singh was working as a conducted on the said jeep. On 14.05.1998, at about 7.15 P.M., complainant along with aforesaid Sajjan Singh were going from Tosham to Sandwa. When they reached at Patodi turn, three young boys (appellants herein) boarded their jeep for going to village Sandwa. As soon as, they covered the distance of only 2/3 kilometers, one of the aforesaid accused asked the complainant to stop the jeep. When the complainant looked towards his back, he found that accused had pointed pistols at his both the ears.

(3.) THEREAFTER , he was dragged out of the jeep. The complainant and Sajjan Singh were taken at a distance of 4/5 acres of land towards the agricultural fields and their clothes were taken off. The accused snatched a sum of Rs.1200/ - from the complainant and thereafter, the complainant and Sajjan Singh were tied with two different trees. While leaving the spot, the accused had taken away the jeep of the complainant. In this background, the FIR was registered.