HANIF ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of two criminal appeals i.e. 871-SB and 1088-SB of 2005, as in both, challenge has been made to the same judgment dated 15/20.04.2005, passed by Additional Sessions Judge, Sirsa, whereby, the accused-appellants (hereinafter referred to as the appellants) were convicted and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 2000/-, each under Section 392 IPC; to undergo rigorous imprisonment for seven years and fine of Rs. 5000/-, each under Section 397 IPC, and to undergo rigorous imprisonment for two years and a fine of Rs. 1000/-, each, under Section 25 of the Arms Act.

(2.) IN nutshell, the prosecution version as unfolded by Pat Ram (hereinafter referred to as the complainant) alleging himself to be the Munim of M/s Krishna Dal Mill, Ellenabad owned by Ram Avtar, is that on 12.11.2002, he was accompanying Hanif Ali (Driver) on truck bearing No. HR-24GA/0247. On that day, after loading 160 bags of Dal (pulse) in the aforesaid truck, they started for Malerkotla. They unloaded 80 bags at Malerkotla and collected a sum of Rs. 68,000/-, while the remaining 80 bags of Dal were unloaded at Kapurthala and a sum of Rs. 1,47,000/- was received. The payments of these amounts was confirmed by the owners on telephone. On 13.11.2002, they loaded Yamuna Sand in the truck from Dharamkot and started return journey for Ellenabad. At about midnight, after taking tea at a hotel in the area of Dabwali, when they reached in the area of village Dhudhiawali from Sadewala Minor, three persons with muffled faces came on a motor cycle and directed Hanif Ali to stop the truck. They dragged the complainant and gave him fist and slap blows. They asked the complainant to hand over the keys of the tool box, but the complainant and Hanif Ali managed to escape. Then, the accused broke open the lock of the tool box and took away Rs. 2,15,000/-. However, the complainant and Hanif Ali reached Ellenabad with the truck and brought the incident to the notice of Ram Avtar. On the basis of the aforequoted statement, FIR No. 408 dated 14.11.2002 under Sections 392/394/397 IPC and Section 25 of the Arms Act was registered. The police swung into action and ASI Hans Raj visited the place of occurrence and prepared the rough site-plan of the place of occurrence. After some time, when accused Hanif Ali left the place, the complainant made supplementary statement that the accused as well as Hanif Ali had snatched the amount. He further told that on the said night, Hanif Ali stopped the truck at Mehta Hotel and took tea, whereas, he remained sitting in the truck. Accused Ali Sher and Munsaf Ali came thereon a Rajdoot Motorcycle and met Hanif Ali. When the complainant and Hanif Ali crossed Sadewala Canal, in the meantime, both accused Munsaf Ali and Ali Sher came on the motorcycle and stopped the truck. Hanif Ali applied the brakes and aimed his pistol on the complainant. Munsaf Ali and Ali Sher, who were also having pistols, inflicted butt blows on the eye, cheek, jaw, back and other parts of the body of the complainant. They asked the complainant to hand over the keys of the tool-box, but the complainant had already thrown away the same. The accused kept aiming the pistol on the complainant. They took out a sum of Rs. 1,47,000/- from a red colour bag and a sum of Rs. 68,000/- from another bag. Accused Munsaf Ali and Ali Sher went away with the entire amount. Hanif Ali threatened the complainant to eliminate him and his family members, if he disclosed the true facts and, therefore, he gave a coloured version, but having attracted by the courage, he disclosed the truth on the next day.

(3.) ON commitment, the accused were charged under Section 392/397 IPC and also under Section 25 of the Arms Act, to which they pleaded not guilty and claimed trial.