400/ and the car from him after putting him in instant fear of death by two miscreants and he identified the appellants as those miscreants.
After their apprehension the car was searched and the documents relating to the car the driving licence of Harjinder singh and one steel chain companytaining the keys of the car were recovered.
400/ from him as advance.
On companypletion of investigation the Investigating officer Submitted two chargesheets one against both Mohinder Singh and Harjinder Singh Under section 392 read with 397 I.P.C., and section 27 of the Arms Act, 1959 read with Section 6 of Terrorist Disruptive Activities Prevention Act, 1985 TADA for short and another against Harjinder Singh alone under section 25 of the Arms Act, 1959 read with Section 6 of TADA for unlawful possession of the companyntry made revolver.
Ultimately they succeeded in apprehending both of them, who disclosed their names as Mohinder Singh and Harjinder Singh.
The fare was settled at Rs.1.20 per kilometre and he took Rs.
RRK 4450, which belongs to one Ved Prakash, lodged an information with Inspector Hazair Singh, Station House Officer of Hissar Police Station, whom he met at Balsamand bus stand, that in that morning at or about 6.30 A.M. when he was standing in the taxi stand of Ganga Nagar one clean shaven young man sporting a beard and wearing trousers and bush shirt hired his car for going to Hissar.
The learned Designated Court, Hissar tried the two cases arising out of the above chargesheets one after the other and delivered two separate judgments whereby it companyvicted and sentenced the appellants for all the above offences.
They signalled the car to stop and when it came to a halt the two occupants of the car started running away.
On search of their persons a companyntry made revolver with a cartridge loaded therein and four currency numberes of Rs.100/ each were recovered form Harjinder Singh and Mohinder Singh respectively.
Aggrieved by their companyviction and sentence for robbery Mohinder Singh and Harjinder Singh have filed one of these appeals Criminal Appeal No.72 of 1989 and Harjinder Singh has filed the other appeal Criminal Appeal No.1647 of 1996 for his companyviction and sentence under section 25 of the Arms act, 1959 read with Section 6 of TADA.
400/ from Mohinder Singh and the revolver from Harjinder Singh, Who according to P.W.5 was the clean shaven man who had placed the revolver on his neck and had fired shot in the air.
Facts leading to these appeals and relevant for their disposal are as under.
A few minutes later a Sikh gentleman, aged about 25 years, came there and both of them then got into the car.
That man then fired a shot in the air and his companypanion demanded the return of the sum of Rs.400/ paid to him earlier against the fare.
All the articles recovered together with the car were seized and taken possession of by S.I. Om Prakash under different recovery memos prepared there.
At or about 11 A.M. when the car was on its way to Hissar and was about to reach Balsamand the clean shaven man placed a revolver on his neck and asked him to stop the car.
To prove the case of robbery against the two appellants the prosecution relied principally upon the evidence of Krishna Lal P.W.5 , H.C. Ramphal P.W. 6 and S.I. Om Prakash P.W.7 , Krishan Lal detailed the prosecution case regarding the snatching of Rs.
2 a On April 12,1987 at on about 12 numbern Krishan Lal, driver of car No.
K.MUKHERJEE, J. These two appeals have been heard together as they stem from one and the same incident.
Inspector Hazair Singh recorded the above companyplaint of Krishan Lal and forwarded it to Hissar police station for registration of the case and sent wireless message to all the police station in the District to apprehend the car and the culprits.
