REKHA MITTAL, J. - (1.) BY way of this order I shall dispose of CRA -S - 2166 -SB of 2011 titled "Raj Babu alias Raj Kumar vs. State of Haryana" and CRA -S - 2193 -SB of 2011 titled "Dev Chand and others vs. State of Haryana", as these are the off shoot of same judgment dated 11.7.2011 passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhari whereby the CRA -S - 2166 -SB of 2011 -2 - appellants have been convicted and sentenced for commission of offences, extracted hereinbelow: - Raj Babu @ Raj Kumar Under Section 395 read with To undergo rigorous imprisonment for a Section 397 IPC period of 08 years and to pay a fine of Rs. 10,000/ - In default of payment of fine to further undergo rigorous imprisonment for a period of one year. Under Section 25 of the Arms To undergo rigorous imprisonment for a Act period of 02 years and to pay a fine of Rs.
(2.) ,000/ - In default of payment of fine to further undergo imprisonment for a period of three months Dev Chand, Jitender, Mukes and Darshan Under Section 395 read with To undergo rigorous imprisonment for a Section 397 IPC period of 08 years and to pay a fine of Rs. 10,000/ - each. In default of payment of fine to further undergo rigorous imprisonment for a period of one year. 2 The facts relevant for disposal of present appeals are that Bachna Ram complainant got recorded his statement on the allegations that on the intervening night of 8/9.6.2009, he was on duty as Watchman at bus stand village Chuharpur. At about 1/2.00 a.m., a three wheeler bearing No. HR -37C 0662 came from the side of Chhachhrauli. It stopped near the shop of one Jeet Sardar on bus stand. Five persons in all were there in the three wheeler. One of those persons checked the lock on the shop of Jeet Sardar. They were in the process of breaking open the lock of the shop. The complainant enquired from them and they caught hold of him and gagged his mouth. They dragged him in their three wheeler and took him to a kacha path near the school. They were armed with lathis, iron rods and one of them had a country made pistol. They gave him beatings on his back, eye, left arm, face and head with the iron rods. They kept country made pistol on his temple and removed Rs. 3000/ - from back pocket of his trousers wrapped in a handkerchief. The amount was collected by him on that very evening from different shop keepers as his salary. Thereafter, the accused took him to a mango garden in the area of village Bahadurpur. They removed his clothes and tied him with a mango tree with the clothes and fled from the spot. After some time, he got his mouth freed and cried for help which attracted some persons, they untied him and took him to the bus stand. During investigation, the place of occurrence was inspected, statements of the witnesses were recorded, rough site plan was prepared. On 17.6.2009, on receipt of information from CIA staff, Yamuna Nagar that accused Raj Kumar @ Raj Babu and Dev Chand had been arrested in FIR N0. 68 dated 9.6.2009 under Sections 457, 380, 456 IPC registered at Police Station Khizrabad, they were joined in the investigation of the present case, with the permission of the Court. The accused suffered disclosure statements and got the weapons recovered in pursuance threreof. On 19.6.2009, Raj Babu suffered a disclosure statement and offence under Section 25 of the Arms Act, 1855(for short "the Act") was added. Jatinder accused was arrested by the CIA staff in FIR No. 68 dated 9.6.2009 on 19.6.2009. He was also joined in the investigation of this case with permission of the Court and his formal arrest was entered. Jatinder suffered a disclosure statement and in pursuance thereof, he got recovered an iron rod which was taken into possession vide recovery memo. Darshan and Mukesh were arrested in this case on 28.6.2009. They suffered disclosure statements and got recovered one handkerchief by Darshan and Rs. 200/ - by CRA -S - 2166 -SB of 2011 -4 - accused Mukesh. On completion of investigation, report under Section 173 of the Code of Criminal Procedure (for short "the Code") was submitted in the Court for trial.
(3.) AFTER compliance with the provisions of Section 207 of the Code, the case was committed to the Court of Sessions as offence under Sections 395, 397 IPC being exclusively triable by the said court. After hearing counsel for the parties, the learned trial court framed charge against all the accused for offence under Sections 395, 397 IPC and charge under Section 25 of the Arms Act was also framed against Raj Babu to which the accused pleaded not guilty and claimed trial. To establish guilt of the accused, the prosecution examined as many as 14 witnesses namely, Raj Kumar, Reader to District Magistrate PW1, Sant Kumar, Patwai Halqua Khijri PW2, ASI Bhim Singh, Armourer PW3, SI Radhey Shyam PW4, ASI Ram Mehar PW5, SI Virender Kumar PW6, EHC Rajbir Singh PW7, Bachna Ram, complainant PW8, Bintu PW9, SI Tarsem Singh PW10, Dr. Ashwani Kumar PW11, EHC Jaspal PW12, ASI Yudhishter Pal PW13 and HC Dilbag Singh PW14.;