RAM NIWAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 31.8.1995 passed by the Additional Sessions Judge, Jind whereby the appellant has been convicted under Section 395/397 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo Simple Imprisonment for a period of fifteen days for the offence under Section 395 of the Indian Penal Code. He has also been sentenced to undergo rigorous imprisonment for a period of seven years under Section 397 of the Indian Penal Code. Both the substantive sentences have been made to run concurrently.

(2.) THE facts giving rise to the prosecution of the appellant are that on 13.2.1991 at about 4 p.m., he alongwith his four associates including co-convict Devinder Singh went in a Maruti car bearing No. DL- 2CA 5952 to the Sangwan Petrol Pump situated in the area of Julana, purchased petrol worth Rs. 300/- and went towards Rohtak. At about 5.45 p.m. they again came to the same petrol pump and asked for the supply of petrol worth Rs. 150/-. Rama Nand the proprietor of the petrol pump asked the salesman Raj Singh to supply petrol. Rama Nand himself was busy in checking the cash inside his room. One of those five persons then came inside the room on the pretext of making the payment of the price but instead he stood behind the chair. In the meantime his three accomplices also entered the room. The person standing behind the chair caught hold of Rama Nand and one of the three other persons came near the chair and took out the bag and handkerchief containing the cash. One of the two persons standing in front of him was having a knife and the other was having a country made pistol to threaten him. The person who had taken out the money from the drawer was also pointing out revolver at him. According to the prosecution the person who had caught hold of Ram Niwas was also having a pistol in the pocket of his pants. The hand bag had imprint of Sangwan Brothers Julana. There was a visiting card containing the address of Gauhati and a sum of Rs. 10,000/- in that bag. There was a sum of Rs. 15,600/- in the handkerchief. Their fifth accomplice caught hold of the attendant outside. The culprits also fired in the air and all the five culprits escaped in the said Maruti car alongwith the bag and the handkerchief containing the aforesaid cash amount and the articles.

(3.) A charge-sheet under Sections 395/397 of the Indian Penal Code was framed against the appellant and Devinder Singh which they denied and claimed trial.