SANDEEP AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants, namely, Sandeep, Deepak, Manjit, Narinder and Ramesh alongwith Amit Yadav @ Mitu were tried for committing offences punishable under Sections 395, 397 and 412 IPC. Vide judgment and order dated 31.7.2004, learned Additional Sessions Judge, Rohtak, acquitted Amit Yadav @ Mitu of the charges against him. The appellants were convicted under Section 412 IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years. They were also convicted under Section 395 read with Section 397 IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years. Both the sentences were ordered to run concurrently. 90% of the fine amount imposed upon them, was ordered to be paid to PWs Gajja Nand and Girish Singla to be shared by them equally.

(2.) According to the prosecution, on 10.5.2003, ASI Ram Kishan, Incharge, Police Post, Shivaji Colony, Rohtak alongwith Constable Rakesh Kumar and Constable Siri Bhagwan was present at Jhajjar Chowk in connection with patrolling, where he received a telephonic message from Dharambir, Municipal Councilor to the effect that Gajja Nand and his son Girish Singla while they were going to their house after closing their shop were attacked by some boys, who caused injuries to them and also snatched the cash and bags of ornaments from them. Thereafter, ASI Ram Kishan received message from P.G.I.M.S., Rohtak, regarding admission of Gajja Nand and Girish Singla. Accordingly, he alongwith his fellow officials reached Police Post, P.G.I.M.S., Rohtak and collected ruqa and medico-legal reports in respect of Girish Singla and Gajja Nand. ASI Ram Kishan sought opinion from the doctor regarding fitness of the two injured to make statement but they were declared unfit. Subsequent thereto, ASI Ram Kishan alongwith other police officials again went to Ward No.6 of P.G.I.M.S., Rohtak and sought opinion of the doctor.

(3.) Accordingly, Girish Singla son of Gajja Nand, who was declared fit got recorded his statement, which is as follows:-