SURESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment I propose to dispose of two appeals i.e. CRA-S- 1750-SB-2003 filed by Suresh and CRA-S-1797-SB-2003 filed by Mehmood, Rakmudin @ Rukman and Hakimudin @ Hukman, all of them being accused in FIR No.592 dtd. 16/9/2000, under Ss. 395/365/342/412/414 IPC and 25 of Arms Act, Police Station City, Ballabgarh, who were tried by learned Additional Sessions Judge ( Ad hoc), Fast Track Court No.-II, Faridabad and in terms of the impugned judgment of conviction and order of sentence dtd. 2/9/2003, they were convicted and sentenced as under:

(2.) The accused-convicts, who were appellants before this Court prayed that the appeals be accepted and the impugned judgment of their conviction be set aside and they be acquitted of the charges framed against them.

(3.) Briefly stated facts of the case as per prosecution story are that criminal machinery in this case was set into motion by complainant Baldev Dass son of Sukh Dev, who reported to the police that on 15/9/2000 at about 10:00 p.m., he had left with his truck trailer having registration No.HR26A- 7909 belonging to Harvinder Singh son of Kartar Singh, resident of D-71, Fateh Nagar, Police Station Tilak Nagar, New Delhi; that the vehicle was laden with a container from Tuglakabad (Delhi) for Mathura; that when the said vehicle had reached near Elson Cotton Mill and time was about 12:30 midnight, then two persons on a scooter came there stopping the scooter in front of the truck trailer bringing it to a halt; then one of the scooterist came near it and caught hold of complainant Baldev Dass from his collar; that in the meanwhile another scooter having three young boys as riders reached there; that those three young boys got into the truck trailer; that two of them took out country-made pistols placing the same at the neck of the driver and on the neck of the cleaner namely Shambhu Dayal warning them that in case they raised alarm, they would be killed; that thereafter one of them started driving the truck trailer and after having covered a distance of 2-3 kms. towards Mathura side, they stopped the truck trailer on the road side and two such boys having 12 bore country-made pistols made the driver and the cleaner to alight therefrom; that then they took the driver and cleaner near BAAJRA fields, whereas their third accomplice went away taking along with him the truck trailer; that in the BAAJRA fields, two of the accused tied the hands and feet of the driver and cleaner of the truck with a rope and sat with them as their guards till 5:00 a.m. of the next morning; that during the said period Rakmudin @ Rukman and Hakimudin @ Hukman had been establishing contacts with their co-accused on mobile phone to know whether the looted truck trailer had reached or not at the place settled by them; that after Rakmudin @ Rukman and Hakimudin @ Hukman had left, the driver and cleaner went to the owner of the truck trailer in Delhi and narrated the entire incident to him; thereafter accompanied by owner of the truck trailer complainant Badev Dass reached police station and got his statement recorded. He had informed the police that he and Shambhu Dayal could identify the accused, if they were brought before them. Accordingly, formal FIR for the offences under Ss. 395/365/342/412/414 IPC and 25 of Arms Act was registered. Since other accused, namely, Rakmudin @ Rukman and Hakimudin @ Hukman, Sampat and Mehmood son of Mohd. Ali could not be arrested, challan against accused Mehmood @ Kirori @ Rahul and Suresh only was filed in the Court. Subsequently, Hakimudin @ Hukman was arrested on 31/7/2002 and Rakmudin @ Rukman was arrested on 1/8/2002.