SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Satbir, Dharmender, Anil and Jeet Pal were tried for committing offences punishable under Section 395 read with Section 397 IPC. Accused Dharmender was also tried for committing offence under Section 25 of the Arms Act. Vide judgment and order dated 13.3.2004, learned Additional Sessions Judge, Panipat, acquitted all the four accused of the charge under Section 395 read with Section 397 IPC. However, Satbir and Dharmender were held guilty under Section 411 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- each and in default of payment of fine, to undergo simple imprisonment for six months. Dharmender was also held guilty under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.5,000/- and in default of payment of payment of fine, to undergo simple imprisonment for three months. Both the substantive sentences of imprisonment imposed upon Dharmender were ordered to run concurrently whereas the sentences in default of payment of fine, to run conjointly.

(2.) Aggrieved of his conviction and sentence, Satbir filed the present appeal, i.e. CRA S-651-SB of 2004 whereas Dharmender filed CRA S-770-SB of 2004. As both the appeals arise out of the same judgment of conviction and sentence, they are being decided together.

(3.) According to the prosecution, on 5.2003 at 8.30 p.m., complainant Satpal Singla and his son Sachin Singla were on their way to their house. They were riding motor-cycle bearing registration No. HR06G-1740 . After reaching Bal Vikas Chowk, they parked their motor-cycle as the complainant had to buy some articles from a nearby shop. His son Sachin Singla remained present near the motor-cycle. All of a sudden, the electricity supply was disrupted. The complainant heard the cries of his son Sachin Singla and saw that three young men were present near him. One of those boys was giving fist blows to Sachin Singla whereas one boy had pointed the pistol at the head of Sachin Singla. All the three boys snatched the motor-cycle from Sachin Singla and fled away. The complainant could not identify them, it being dark at that time. However, he could notice that the three boys were wearing pants and shirts.