JUDGMENT :

Surya Kant, J.

The instant Criminal Appeal emanates from the judgment and order dated 7th September 2009 of the High Court of Punjab and Haryana at Chandigarh, whereby the order dated 20th March 2002 passed by the Additional Sessions Judge, Sonipat, convicting the Appellant-Bijender @ Mandar under Sections 392 and 397 IPC was affirmed. The High Court upheld the rigorous imprisonment of 5 years along with fine of Rs.5000/for the offence punishable under Section 392 IPC. However, it reduced the sentence from 10 to 7 years rigorous imprisonment with a fine of Rs.10,000/for the offence punishable under Section 397 IPC. Both the sentences were directed to run concurrently.

FACTS:

2. Briefly put, the Prosecution version is that on 14th April 1999, at around 11:00 AM, Bal Kishan (Complainant) was on his way to Delhi on his motorcycle along with his nephew, Sanjay, to purchase a plot of land and was carrying a sum of Rs. 46,000/-for the said purpose. When the Complainant reached near the farm house of one Virender Bansal, on Jatheri Road, he was intercepted by a vehicle. The Appellant and one Manjeet (co-accused) stepped out of the said vehicle, armed with country made pistols and