BALWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of two criminal appeals, No. 140-SB of 1996 titled 'Balwan v. State of Haryana' and No. 294-SB of 1996 titled 'Harbeer alias Beere v. State of Haryana' as both the appeals have arisen from a common judgment dated 7.12.1995 passed by the learned Session Judge, Rohtak convicting the appellants under Sections 392, 394 and 397 I.P.C. and they were sentenced to undergo rigorous imprisonment for a period of seven years each under Sections 392, 394 and 397 I.P.C. individually. They were also directed to pay a fine of Rs. 500/- each under Sections 392 and 394 I.P.C. and in default of payment of fine each of the appellants was directed to undergo rigorous imprisonment for six months. The substantive sentences awarded to the appellants were ordered to run concurrently.

(2.) THE story of the prosecution can be summarised in the following manner :- On 26.12.1990 Ajay son of Brij Bhushan, PW3, was going from his house via Model Town, Rohtak to his home village Bohar via canal track connecting the Rohtak-Delhi road with Rohtak-Sonepat road on his scooter No. HYO-4509 and when he reached on Rohtak-Sonepat road in between two canals, on the said road, two young boys namely Harbeer and Balwan met him. The prosecution alleges that Harbeer put a Lath (long stick) in front of the scooter of Ajay, as a result of which Ajay had to stop his scooter. Both the appellants then called Ajay to hand over all his belongings and accordingly Ajay complainant handed over Rs. 130/-, which amount was in his possession, to the appellants and he started his scooter. However, both the appellants did not allow him to proceed with the scooter. Ajay picked up the Lath, upon which Balwan appellant fired at him from his country-made pistol and the shot hit him on his face and shoulder. Ajay then left the scooter at the spot and proceeded towards his village via canal Patri, while both the appellants escaped with money and scooter. Ajay went to his village and got first aid and then went to Medical College Hospital, Rohtak on a three-wheeler, where the police also reached and recorded his statement Ex.PD. He was medically examined and his injuries were also x-rayed. The police then also visited the place of occurrence, prepared rough site plan and recorded the statements of the witnesses.

(3.) THE appellants were committed to the Court of Session in order to face the trial and they were charge-sheeted by the trial Court under the above provisions of law. Charges were read over and explained to the appellants to which they pleaded not guilty and claimed trial.