GURVINDER SINGH AND Vs. STATE

JUDGEMENT

(1.) Both the above appeals are arising from the judgment of conviction and sentence passed by the learned trial court (Fast Court) Shimla in Sessions Trial No. 22-S/7 of 2007 decided on 28.4.2008 against the appellant, under Sections 379, 380, 328 and 342 read with Section 34 of the Indian Penal Code.

(2.) The facts which emerge from the evidence on record can be stated thus. Dalbir Singh (PW1) was a driver in Indica Car No. CH-03Y-4619 belonging to his brother-in-law Gurcharan Singh who was dealing the supply of X-ray films and was operating from his shop at Chandigarh.

(3.) On 9.11.2006 when Dalbir Singh was getting the car repaired at Chandigarh, Shri Des Raj driver an old acquaintance of the complainant Dalbir Singh met him and told him to take two persons to Shimla in his car since he was going to Shimla. Thereafter, he received a telephonic call on his mobile from one of the person that they would board his car from near the Mosque Sector-45 Chandigarh. He went there, two persons boarded the car. All of them left Chandigarh at about 6 p.m.