- (1.) This judgment shall dispose of both the aforementioned appeals as the same have been arisen out of the common judgment dated 12.10.2000, passed by the learned Additional Sessions Judge, Faridabad, whereby both the appellants were convicted and sentenced to undergo rigorous imprisonment for seven years each and to pay fine of Rs.1000/- each; in default of payment of fine to further undergo RI for one year for the offence punishable under Sections 392 read with Section 398 of the Indian Penal Code. However, Ajit Singh, who was also an accused in this case, was declared proclaimed offender.
(2.) Briefly stated, the facts necessary for adjudication of the case as narrated in the impugned judgment are that on 9.1.1996, Prithvi Singh, the complainant, driver alongwith Sudhir Kumar Swami, the conductor was going from Noida to Gurgaon by driving his truck bearing No.HR-29/1298. At bus stand Sohana, he gave lift to six passengers, who were going to Palwal. When they reached near village Meghpur, one person took out a pistol and put on the temple of Prithvi Singh and said him to stop the truck and whatever he has with him, gave him. The two other persons also said that if anybody raised alarm, he would be shot. Due to fear, Prithvi Singh took out Rs.1400/- and Sudhir Kumar Swami took out Rs.500/- from their pockets and gave the same to the three persons. Thereafter, they got down from the truck and fled away from the spot. The other passengers sitting in the truck got frightened and did not speak anything. All the three persons muffled with their faces with clothes. Thereafter, he was taking the truck towards the Police Station at Palwal. The remaining three passengers got down at Palwal and he did not know their names. Upon his statement, FIR No.28 dated 9.1.1996 under Sections 392/398/401/34 of the Indian Penal Code was registered at Police Station City Palwal. After investigation, the challan was presented. The accused were charge sheeted under Sections 392/398/401 of IPC to which the accused did not plead guilty and claimed trial.
(3.) In order to bring home guilt to the accused, the prosecution examined Sudhir Kumar Swami, the second driver as PW1, Sumer Singh, the driver as PW2, Constable Anooj Kumar as PW3, HC Rattan Singh as PW4, Prithvi Singh, the driver as PW5. One PW Bishram won over by the accused.;