MAHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE two appellants namely Sultan and Mahinder Singh were bought to trial for the offences under Sections 392/397 and 392. Indian Penal Code before the Court of Sessions at Hissar. The learned Additional Sessions Judge, Hissar, found them guilty of the said offences and accordingly sentenced Sultan to seven years' rigorous imprisonment and a fine of Rs. 200/- under Section 392 read with Section 397, Indian Penal Code and Mahinder Singh was sentenced to five years rigorous imprisonment and fine of Rs. 200/- under Section 392, Indian Penal Code. In the connected Arms Act cases Sultan appellant was convicted under Section 25 of the Arms Act and sentenced to one year's rigorous imprisonment. The appellants appeal against their conviction and sentences and this judgment will dispose of both the appeals.

(2.) THE prosecution case in brief is that Jagdish complainant who hails from village Rawatkhera, use to drive his auto rickshaw (three wheeler) HRB 9753. On the night intervening 23/24.1.1984, at about 10 p.m. two persons one Sikh and the other clean shaven came to him and hired his three wheeler for Rs. 40/- to go to Dhani Kumharan. Both the accused sat in the three wheeler and they started for the destination. When he covered a distance of about 2 kms. from village Badapati towards Barwala, the accused got the vehicle stopped on the pretext of asking themselves. The three-wheeler was stopped on the bridge and both the accused came out of it. After urinating, the Sikh accused caught hold of the complainant from his neck and dragged him out of the three-wheeler while saying that Sultan should fire from his pistol in case he (Jagdish) raised alarm. The other accused who was clean shaven took out his pistol and proclaimed that in case the complainant raised alarm, he will be done to death. Thereafter, both the accused took the complainant in the nearby pits and after removing his pant, tied it on his mouth. They also tied his legs and hands with a parna The sikh accused took out Rs. 30/- from his pocket and also removed his wrist watch from his left hand. Both the accused then fled away in that three-wheeler towards Barwala. One blanket and one woolen Jarsi of green colour of the complainant were also lying in the three-wheeler. After some time, the complainant freed himself and came out of the pits. A person met him on the way who untied his hands. After a little while, a truck from Hissar side came there and its driver gave him a life it upto Barwala, where the complainant made his statement Ex.PE before Sub Inspector Hukam Singh, on the basis of which formal First Information Report Ex.PE/2 was registered at 2.30 a.m. on January 24, 1984 at Police Station Barwala.

(3.) IN support of its case, the prosecution examined as many as eight witnesses. Gulshan PW1 is the owner of the three wheeler. Head Constable Fateh Singh PW2 is a witness to the recovery of a wrist watch and other articles at the instances of Mahinder Singh accused. Ishwar PW3 deposed that on hearing the cries of Jagdish PW. he was attracted to the spot and united his hands and legs. Jagdish PW.6 is the first informant. Hukan Singh Sub Inspector PW.7 and Zile Singh Sub Inspector PW8 are the Investigating Officers. When examined under Section 133, Cr.P.C. the accused denied the prosecution allegations and pleaded false complicity in the case but led no evidence in defence.