PAWAN @ PONA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Pawan, Sonu and Mukesh who have been convicted under Section 392 read with Section 397 IPC and were each sentenced to undergo 10 years R.I. and to pay a fine of Rs. 10,000/- and in default, to under a further period of 1 year, have preferred the present appeal.

(2.) Pw1 Manjit Singh who was the complainant in this case and PW2 Kaptan Singh who was the partner of PW1 in Sony Mobile World run by them deposed that on 14.8.2006 at about 9.30 p.m., they proceeded on a motorcycle towards their house at village Atawla after closing the shop. When they reached Hidana turn near cremation ground on Adiyana Road, four young men came on a motorcycle from behind with headlight switched-off. Accused Pawan threatened PW1 and PW2 to stop the motorcycle by showing a pistol. Accused Mukesh was driving the motorcycle. Accused Jasmer was sitting behind accused Mukesh and Sonu. Accused Sonu caught hold of PW1 and accused Pawan aimed pistol at him. Accused Mukesh and Jasmer caught hold of PW2 Kaptan Singh. Accused Pawan relieved PW1 of his three mobile phones, purse containing Rs. 12,000/-, white handkerchief and a photograph. Accused Mukesh and Jasmer snatched mobile phone Nokia 1110 from PW2 Kaptan Singh. Mukesh also snatched away the motorcycle and thereafter all of them sped away on the motorcycle towards village Madlauda. PW1 did not know the name of Sonu. Sonu was known to him by face.

(3.) Pw7 ASI Ram Rattan stated that on 30.9.2006 when he was serving at Police Station City Gohana, he arrested accused Jasmer @ Pappa and Mukesh in connection with yet another case in FIR No.221 dated 16.9.2006 under Section 302/120-B/34 IPC read with Section 25-54-59 of the Arms Act of Police Station City Gohana. One pistol .12 bore was recovered from under the seat of the motorcycle from the house of Mukesh. During the course of interrogation, both the accused made disclosure statements regarding the present case. PW10 speaks of the arrest of the accused and the recovery made from them.