PANKAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Pankaj Kumar-appellant has filed this appeal challenging the impugned judgment of conviction and order of sentence dated 18.12.2003 passed by learned Additional Sessions Judge, Panipat, whereby he has been held guilty and convicted for the offences punishable under Sections 411, 463 punishable under Section 465, 466, 468 and 471 IPC. He has been sentenced to undergo rigorous imprisonment for two years for the offence under Section 411 IPC; to undergo rigorous imprisonment for one year under Section 465 IPC; to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo simple imprisonment for one year for the offence under Section 466 IPC. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo simple imprisonment for six months for the offence under Section 468 IPC. He has also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo simple imprisonment for one year for the offence under Section 471 IPC. All the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR No.129 dated 14.2001 in the present case has been lodged on the statement of Braham Jeet-complainant, who stated that on 14.2001 at about 12 O'Clock, he had gone to Dr. M.K.K. Arya Model School, Model Town, Panipat to bring back his son Manav Saini. He was on car make Alto LX A/F silver colour. The said car belonged to one of his relatives, namely, Naresh Kumar. After parking his car outside the school, he had gone inside. When he came back, he opened the door of the car and asked his son to sit on the front seat, meanwhile a boy came there and asked him to give key of car on pistol point and thereafter he occupied Driver's seat. there came two other boys. They were also armed with pistols. They also occupied the car. They started the car and left with the same. All three boys were young and were speaking Haryanvi. He could identify them. On the basis of this report, the above FIR was registered.

(3.) During the investigation of the case FIR No.136 dated 9.6.2001 registered for the offences under Sections 399 and 402 IPC at Police Station, Madlauda, accused Vikram Vats made a disclosure statement that he along with Hari Parkash and Jitender had snatched a Maruti car at pistol point from near M.K.K. Arya School, Model Town, Panipat. They had sold it to Pankaj-appellant for Rs. 50,000/-. Pankaj also made a disclosure statement that he had purchased a Maruti car make Alto without number from accused Vikram for Rs. 50,000/- and had got prepared the forged bill of this car from Surinder alias Somi. On 6.8.2001, accused Jitender made a disclosure statement that he had snatched an Alto car from Model Town, Panipat and had sold the same to Pankaj for Rs. 50,000/-. Hari Parkash also made similar disclosure statement. After completion of the investigation, challan was presented in the Court.