Surinder Gupta, J. - (1.) APPELLANT Hardeep Singh was convicted by the Additional Sessions Judge, Gurgaon for the offences punishable under Sections 411, 419, 468 and 471 Indian Penal Code (for short 'IPC') and sentenced as follows: -
(2.) AN FIR bearing No. 117 dated 26.02.1995 was registered at Police Station Sadar Gurgaon on the statement of Onkar Nath, who was having a service station under the name and style of 'Khanna Motors', at plot No. 86 Sector 18, Gurgaon. As usual, he locked the workshop on 25.02.1995 at about 6.00 PM. At that time, a new white Maruti 800CC car bearing engine No. 1113072 and chasis No. 0734934 was lying parked in the garage while another car bearing registration No. DL -1C -8567 was parked outside the gate for repair. Surinder Watchman and Raghunath Helper were present at the workshop during the night time. At about 4.00/4.30 AM on 26.02.1995, four persons armed with pistol and knives entered the workshop, tied Surinder and Raghunath with a rope in a room and took away new Maruti car as well as two number plates of the car standing outside. On reaching the workshop, complainant came to know about the incident and informed the police. Police arrested Pritam and Sukhram and at later stage, Radhey @ Gurcharan for committing the crime. At later stage, appellant Hardeep Singh was also arrested. During investigation, it transpired that the stolen Maruti car was given to the appellant by Radhey @ Gurcharan with fake registration No. DL -1C -8567 but Hardeep Singh sold the said car to one Daljit Singh of Chandigarh after getting a fake bill and registration certificate got prepared in the name of Satender Singh, resident of 162/2 Pocket -B Ashok Vihar, Delhi. Appellant got recovered from his house two number plates bearing registration No. DL -1C -8567 and the photocopy of the forged registration certificate in the name of Satender Singh in respect of Maruti car which was sold with registration No. HR -02C -1397. The car was recovered from Chandigarh lying parked in front of Shop No. 1, Sector 17 -A. Daljit Singh produced copy of forged registration certificate of the said car as well as receipt regarding its purchase.
(3.) AFTER completion of investigation, challan was presented in the Court. The trial Court framed charges for the offences punishable under Sections 394 and 397 IPC against accused Pritam, Sukh Ram, Radhey @ Gurcharan, whereas appellant Hardeep was charged for the offences punishable under Sections 411, 419, 468 and 471 IPC. The trial resulted in conviction of accused Pritam for the offence punishable under Section 397 IPC and the appellant for the offences punishable under Sections 411, 419, 468 and 471 IPC.;