(1.) THE State has preferred this appeal against the judgment of the learned Addl. Chief Judicial Magistrate, Paonta Sahib convicting the respondents for offences under Section 392, 394 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and Section 25 of Arms Act. The prosecution case in brief is that on 1.7.2001 at about 9.30 p.m. Anil Kumar Bansal complainant, who is a resident of village Dhaula Kuan, was proceeding to his house, in his Car No. HP -17 -1590 with the sale proceeds of his business. The prosecution case is that when the Car reached near Malwa Cotton Mills, Surajpur, all the accused travelling in a red coloured Maruti Car No. DL -ICC -1821 over took his car and forced him to stop near the telephone exchange, Melion. They dragged the complainant out of the Car and looted Rs. 3.50 lacs which had been kept by the complainant in a Rexin bag. According to the prosecution, the accused were armed with country made revolver and knife. They dragged the complainant out of the car and tied him to a nearby tree. They gagged his mouth by taping it. After about five minutes, Rakesh Kumar (PW2) came to the spot and on noticing the complainant gagged and tied to the tree, raised an alarm. A number of villagers gathered at the spot and untied the complainant. S.D.M. Paonta Sahib PW7 Mr. M.P. Sood, reached the spot, who was also travelling in his official car, saw the crowd gathered there and stopped his car.
(2.) THE accused were intercepted and arrested by the police at Kala Amb barrier. A sum of Rs. 2,27,815/ - was recovered from one bag carried by the accused. The accused were tried for offences under Sections 392, 394 read with Section 34 I.P.C. and Section 25 of the Arms Act. The learned trial Court on assessment of the entire evidence on record, convicted all the accused for offences aforesaid. While on the quantum of sentence, the learned trial Court holds that interest of justice would be served in case they are sentenced to rigorous imprisonment for three years and fine of Rs. 5,000/ - each for commission of offences punishable under Sections 394/ 34 I.P.C. In default of payment of fine, each of them to undergo rigorous imprisonment for six months. They were also sentenced for three years rigorous imprisonment and fine of Rs. 3,000/ - for offences under Section 25 of the Arms Act and in default of payment of fine to undergo for further rigorous imprisonment for three months. The sentence was ordered to run consecutively; In other words, they were sentenced to six years imprisonment.
(3.) I have heard learned Additional Advocate General and have also gone through the record.