AMANDEEP ALIAS NANGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 19.11.2015 and 23.11.2015 rendered by learned Additional Sessions Judge, Panipat, in Sessions Case No.11 of 2013, whereby the appellant was charged with and tried for offence punishable under Sections 120-B, 392, 397, 396, 302 read with Section 34 of the Indian Penal Code (in short "IPC") and under Section 25 of the Arms Act, 1959. The appellant was convicted and sentenced as under:-

(2.) The case of the prosecution in a nutshell is that a complaint was lodged by Mukesh Kumar to the effect that he was working a Cashier in SGI Engineering College, Hathwala for the last five years. On 05.12.2012 an amount of Rs.11,28,000/- was deposited with him as fee of the students of B.Tech and MBA of SGI Engineering College. He could not deposit the said amount in the bank. At about 7.00 P.M., he along with his Assistant Arun Sharma son of Brij Bhushan resident of Model Town Samalkha left the college in car. The car was being driven by Megh Nath son of Satbir resident of Hathwala. He was sitting on the front seat of the car along with bag black in colour containing Rs.11,28,000/- in cash. When they reached near the college gate, two students of B-Tech namely Manjot Singh son of Charanjeet Singh and Digvijay Singh son of Kuldeep took lift from them as they were coming to Samalkha. At about 07.30 P.M. when the car reached near Government School village Pahawati, three young boys on a motor cycle make 'Pulsar' came from the side of village Hathwala. They overtook their car. As soon as the car slowed down near speed breaker, one of the boys, who was pillion rider came towards the driver side of the car with a pistol in his hand. He fired shot towards driver of the car. The bullet hit the driver of the car. The driver raised noise and lost control of the car. He somehow managed to control the car and stopped it at a distance of about 100 meters from the place of incident. All the three boys came towards them. He alongwith Assistant Arun Sharma got out of the car and tried to run away along with the bag containing cash. However one of the boys started chasing him with a pistol in his hand. He fell on the ground. He left the bag at the spot and ran towards village Pahawati. While running away he heard the sound of another bullet. The boy lifted the bag and went towards the car. Number of persons gathered there. The FIR was registered. The matter was investigated and challan was put up after completing all the codal formalities.

(3.) Co-Accused Sonu, Sunil, Azad, Afsar and Amit were also charged and tried for the same offences separately.