SUKHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The above titled four appeals are being deposed of by this common judgment. Challenge herein is to the common judgment of conviction dated 17.07.2012 and order of sentence dated 19.07.2012 whereby the appellants were convicted and sentenced as under:- <FRM>JUDGEMENT_142_LAWS(P&H)9_2016_1.html</FRM>

(2.) Relevant facts for the purpose of decision of these appeals; that on 29.01.2010 at about 11:15 A.M., Inspector Jagbir Singh was present near Central Bank, Grain Market Pundri, while he was on patrolling duty. At that time he heard a noise. He alongwith Sub Inspector Anand Parkash rushed towards that side. During that process, they apprehended two young boys who later on disclosed their names to be Hariom and Babu @ Kalu who are appellants herein. At that time, Hariom was having in his possession one country made pistol of .315 bore and Babu was having a bag containing currency notes worth Rs.4,60,000/-. One live cartridge was also recovered from the pocket of Hari Om. The police recorded the statement of the complainant. Pistol cartridge and bag as well as currency notes were converted into parcels and sealed at the spot and were taken into police possession. During investigation, motorcycle bearing registration No.DL- 85-AK-1797 was also recovered from the spot and was taken into police possession.

(3.) As per complainant Arjun Dass, he was working as Muneem/Clerk at the shop of M/s Ram Parkash & Sons Commission Agent, New Grain Market, Pundri and as a part of his duty he used to withdraw the amount from State Bank of India, Pundri. On 29.01.2010, at about 11:15 A.M., Anil Gupta, Proprietor of M/s Ram Parkash & Sons handed over a cheque of Rs.4,60,000/- for withdrawal of the amount from the bank and accordingly he visited the bank on his bicycle alongwith a cloth bag. After encashment of cheque he had put the currency notes in the bag. While returning back on his bicycle, at about 12:00 P.M., when he reached in front of M/s Ram Lubhaya Ram Parkash Commission Agent, Shop No.21, three young boys riding on a motorcycle and two young boys riding on another motorcycle, hit their motorcycle against the bicycle of the complainant, as a result of which, the complainant fell down on the ground and the accused persons snatched the bag from his hands at pistol point. On raising alarm, police and other people attracted there and they had apprehended two assailants at the spot. Subsequently, during investigation, remaining accused Sunil Kumar and Sukhbir Singh were arrested. Accused Anil Kumar was also arrested and later on but he absconded and was declared Proclaimed Offender.