SEHJAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) SEHJAD appellant who is presently confined in District jail Gurgaon has filed this appeal against the judgment and order dated 3.2.2010/ 5.2.2010, passed by the learned Additional Sessions Judge -III, Bhiwani vide which he was convicted under Section 395 IPC and sentenced to undergo RI for ten years and pay fine of Rs.3000/ -, in default thereof, to undergo further SI for period of two months.

(2.) MAHABIR Singh made a complaint (Ex.PJ) dated 22.7.2007 before SHO Police Station City Dadri. In the statement, Mahabir Singh has stated that he is running the business of transport and owns six trucks. He has employed nine drivers. On 21.7.2007, at night he parked his trucks bearing registration No.HR -61A -3428 and HR -39B -3428 on the road in front the Senior Secondary School, Jharu Singh Chowk. At about 9.00 p.m. he slept in Truck No.HR - 61A -3428. At about 12.00 midnight, five youth came in one white colour pick up van which was not having any number plate. They came on both the sides of window of the truck and came inside. They told the complainant that they are criminals and that whatever is in his possession it should be handed over to them. The complainant had a scuffle with them. Thereafter, the said assailants put the pistol on the chest of the complainant and one of the assailants started the truck and the truck followed the pickup van. When they reached near Jhajjar vally, he tried to raise an alarm on which he was pushed down and asked on pistol point to remain silent. The assailants also hit the butt of the pistol on his forehead. Two of the assailants were speaking in Mewat dialect and three were speaking in Rohtak dialect. In the way, they also took out Rs.10000/ - from his rear pocket of his trousers on pistol point and then took the van and truck on MakraniKhorda road. There the complainant with his hand tied was made to alight from the truck. He was taken to the nearby fields and then he was tied with the tree with the help of the rope picked up from the truck. Thereafter, the pickup van and truck were taken to Khorda village side. The complainant could not get himself free. At about 6.00 a.m., the owners of the field, namely, Kanwarbhan, Sombir and Manjeet came there and freed the complainant. Then the complainant went to his house and narrated the entire occurrence to his brother Satbir. Thereafter, when the complainant was going to police station, he met the police party near Rohtak Chowk, where his statement was reduced in writing. On the basis of his statement, formal FIR (Ex.PJ/1) was registered.

(3.) ON 22.7.2007, the police party visited the place where complainant was tied with the tree and took into possession Parna and rope vide recovery memo (Ex.PM).