- (1.) By this common judgment, CRA-S-1925-SB of 2009 filed by Sanjay @ Yogesh and Khushi Ram @ Kalu and CRA-S- 2215-SB of 2009 filed by Joginder @ Jaggu are being disposed of. These appeals arise out of the same judgment dated 29.04.2009 of the trial Court in Sections 392, 397 read with Section 34 of Indian Penal Code (IPC), registered at Police Station Sampla, District Rohtak.
(2.) The prosecution story briefly stated, is that Vinod Kumar complainant (PW-1) was plying Esteem Car No. DL-4CE- 0855 of white colour as Taxi. The complainant was present at the Taxi Stand near Old Bus Stand, Jhajjar on 17.09.2007, where two youths came to him at about 10.00 a.m. and hired his taxi. The complete description of those youths was given in the complaint Ex. P1 and they were about 26-27 years old. The car was hired upto village Shimli.
(3.) It was further stated in Ex. P1 that one boy sat on the front seat alongwith complainant and the other on the back seat. The car was stopped at a dhaba (roadside restaurant) on Jhajjar- Rohtak road. Both the culprits purchased two bottles of beer and consumed the same while the complainant drank a glass of lassi. From there they came to village Shimli.;