SANDEEP @ SONU & ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 21.01.2016 passed by learned Sessions Judge, Ambala wherein the accused-appellants have been convicted and sentenced as under:

(2.) The prosecution case in brief is that on the intervening night of 9/10.11.2014, when the complainant Gurpreet Singh (PW-3) after attending a wedding at White Oak Palace, Village Balana along with his friend Taranjit Singh (PW-7) came and sat in his car (Verna Model) bearing registration No.HR-01-AG-9315, which was parked in the parking area. 3-4 boys came to the spot. One of the boys caught hold of the complainant by his neck and dragged him outside the car after putting a pistol on his head. Taranjit Singh (PW-7), who was sitting alongside the complainant in the car on the front seat, was dragged out too by another boy after putting a knife against his neck. The assailants after putting both complainant Gurpreet Singh (PW-3) and his friend Taranjit Singh(PW-7) in fear, fled away with the car of the complainant from the spot. A mobile phone of the complainant (make Gionee with Sim No.9812031009) which was lying in the car, was also taken away by the assailants. The complainant immediately informed his father Trilochan Singh (PW-4) about the alleged occurrence. Since they were unable to locate their car, the complainant made a complaint Ex.P-4 to ASI Sarwan Kumar(PW-2) leading to the registration of formal FIR Ex.P-2 by PW-1 SI Randhir Singh on 10.11.2014 at 4.15 am against unknown persons . During the investigation, site plan Ex.P5 qua the place of occurrence was prepared and the investigation was thereafter handed over to CIA staff, Ambala.

(3.) Meanwhile, the accused-appellants were arrested by the Rajasthan police in FIR No.102 dated 03.12.2014 for offences under Sections 307/353/34 Penal Code and 3/25 and 27 of Arms Act registered at Police Station Mahajan, District Bikaner. During their interrogation by the Rajasthan police in the aforementioned FIR, the role of the accusedappellants in the present case came to light. It was then that CIA Staff, Ambala was intimated about their arrest and involvement in the crime qua which complainant Gurpreet Singh (PW-3) had already made a complaint i.e. Ex.P-4. Thereafter, ASI Daya Krishan (PW-12) went to Bikaner and on 20.01.2015, after obtaining the necessary permission from the Illaqa Magistrate arrested the two accused-appellants in the present case. The car recovered from the possession of the accused was taken into possession vide recovery memo Ex.P-13.