Accused Mukesh and Subhash appellants herein were sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.10,000/ each, under Section 120 B of IPC as according to the Trial Court, the robbery was companymitted after the companyspiracy hatched with them.
The accused were charge sheeted for the offence punishable under Sections 120 B, 392, 397 of the IPC and Section 25 of the Arms Act.
They were further sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.10,000/ each under Section 397 of IPC.
Accused Manjeet and Bijender were sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.5,000/ under Section 392 of IPC.
They brandished companyntry made pistol and asked the companyplainant to stop and as the companyplainant stopped, the accused persons asked them to hand over the money.
These appeals have been filed by the accused persons who were companyvicted and sentenced to rigorous imprisonment for ten years by the Additional Sessions Judge, Sonepat, under Section 120 B of the Indian Penal Code IPC .
Further, the evidence against the present appellants is their own disclosure statement to the police pursuant to which, allegedly, the police recovered Rs.500/ Mukeshs share left unspent and Rs.400/ Subhashs share left unspent .Aggrieved by the judgment and order dated 20.3.2002 passed by the Additional Sessions Judge, Sonepat, all the accused persons preferred appeals before the High Court.
Accused Manjeet was further sentenced to undergo one years rigorous imprisonment and a fine of Rs.500/ under Section 25 of the Arms Act.
The appellants were companyvicted along with two other companyaccused who were companyvicted under Sections 392, 397 of IPC and Section 25 of the Arms Act.
Brief facts of the case are that the companyplainant Bal Kishan and his nephew Sanjay were going on a motorcycle carrying Rs.46,000/ with them in the dicky, for purchasing a piece of land.
The companyplainant handed over the key of the motorcycle to them.
The allegation against the present appellants is that they both had informed the other accused persons of the fact that the companyplainant is carrying the money in a motorcycle and that they companyld loot him.
The Trial Court companyvicted all the four accused persons and sentenced them for various offences.
The accused persons took out the money and sped away.
All the accused persons preferred appeals before the High Court.
The companyplainant gave the information of this incident to ASI Rajinder Kumar whom he met on the way to the Police Station.
It is further alleged that they received a share of Rs.1000/ each from the looters.
While they were near a Farm, two accused persons Manjeet and Bijender number appellants herein came from behind in Maruti car.
On the basis of this information an FIR was registered at Sonepat Police Station.
However, rest of the sentence for other offences remained undisturbed.
