GURMEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Gurmeet and Rocky jointly preferred the present appeal aggrieved by the conviction and sentence passed by the trial Court under Ss. 328 and 392 of the Indian Penal Code.

(2.) Accused Gurmeet had died and as a result, the appeal qua Gurmeet abated as per the order passed by this Court on 21.2.2014. Accused Rocky has filed CRM No. 23492 of 2015 under Sec. 427 Cr.P.C. praying for ordering the sentence imposed in the present case to run concurrently with F.I.R. No. 170/08 dated 27.8.2008, Police Station Beas Malok, Bikaner (Rajasthan) and the sentence imposed in F.I.R. No. 137/08 ST (54/11) Police Station Sadar, Palli (Rajasthan).

(3.) PW3 Mamu Ram is the complainant in this case. He has deposed that on 7.9.2008 he was driving Innova Car No. HR -07K -8881 from Delhi domestic Airport to Kurukshetra and halted at Panipat and took a cup of tea. When he started his Innova Car after taking tea, accused Gurmeet and Rocky gave a signal to take lift. They informed PW3 that they have proposed to go to Pipli. PW3 took them to Pipli but the accused made a request to drop them at Shahabad. As per their request, he started driving for Shahabad. When he reached a turning point at Shahabad, Barara road, accused snatched the key of Innova Car. One of them gave blow on his head and another one caught hold of him by his neck. Thereafter they tied his hands and legs. Both the accused put one tablet in his mouth and poured water in his mouth. He was under sedation. Thereafter they threw him in Maize fields near village Dadlu. He regained his consciousness and reached his village Dadlu and made a telephonic call to his owner Jitender Dhingra. Accused took away his wrist watch, cash amount of Rs.1000/ - and one mobile phone.