AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 1815-SB of 2002 titled Ajit Singh and another v. State of Haryana and Criminal Appeal No. 1357-SB of 2003 titled Bardeen @ Bar Ahmed v. State of Haryana.

(2.) NARENDER son of Sita Ram, Ajit son of Shiv Lal and Bhardeen @ Bhar Ahmed @ Joginder have impugned their respective conviction under Sections 392 and 397 read-with Section 34 of the Indian Penal Code by filing above noted appeals. All the three appellants have been identically punished with seven years rigorous imprisonment coupled with fine of Rs. 500/- each. They are to undergo rigorous imprisonment for a period of three months each in default of payment of fine.

(3.) THE appellants Ajit, Joginder and Narender were arrested in another FIR No. 291 dated 1.8.2001 registered against them under Section 395 of the Indian Penal Code. The Esteem car was got recovered during the course of investigation. Appellant Narender was interrogated and report in this regard is Ex.PQ. Investigation lead to recovery of Indica car of the complainant and recovery memo is Ex. PR. Recovery of country-made pistol in FIR No. 292 dated 1.8.2001, invited offence under Section 25 of the Arms Act against the appellants. Appellants Ajit, Narender and Joginder @ Bhardeen made a disclosure statement revealing commission of robbery of the Indica car on 29.7.2001 which as stated above was also recovered. Upon completion of investigation, the challan was presented under Sections 392 and 397 read with Section 34 of the Indian Penal Code against all the appellants. They stand convicted for the said offences and are sentenced to suffer rigorous imprisonment of seven years which is the minimum sentence that is awardable under Section 397 of the Indian Penal Code.