HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a learned single Judge of the Rajasthan High Court at Jodhpur upholding the conviction of appellants for offence punishable under Section 395 of the Indian Penal Code, 1860 (in short the IPC). Custodial sentence of 10 years with fine of Rs. 2000/- each with default stipulation as imposed by the trial Court was maintained. However, five co-accused were acquitted.

(2.) Background facts in a nutshell are as follows : On 24-1-1997 Prem Singh lodged an oral report alleging inter alia that he is working at Lavri Petrol Pump for last 3 years. In the night at about 2 Oclock, since vehicles were not coming for filling up petrol, they were taking rest in the office. Outside the office, two tankers were lying. In office, cook Kanhaiya Lal, Bhim Singh and Fateh Singh were sleeping. At that time, about seven persons wearing pant-shirt and sweater came there and started throwing stones towards the office, due to which the glasses were broken. On this they wake up. Three accused persons came towards them and started beating them with lathis, for which he lifted a lathi and started giving blows to the accused by lathi, on which all the accused fell on him. Two persons started breaking the cash box. Complainant Prem Singh raised hue and cry, hearing which neighbour Sh. Bhagwati Prasad Joshi came there. He was also beaten by the accused persons. The accused persons took away the cash lying in the cash box. Complainant received injuries on his face and hands. The accused persons had taken away a sum of Rs. 10-12 thousand lying in the cash box.

(3.) On this report a case under Section 395, IPC was registered and investigation commenced. On completion of investigation, charge-sheet was filed. Thirty seven witnesses were examined by the prosecution to further its version. Accused persons pleaded innocence and claimed trial. The trial Court found evidence of witnesses to be credible and cogent. It is to be noted that in the Test Identification Parade (in short the "TI Parade"), A1-Heera, A-6 Nopa i.e. the present appellants were identified. Recovery were also made pursuant to the information given by them in terms of Section 27 of the Indian Evidence Act, 1872 (in short the Evidence Act). The TI Parade of the accused persons was conducted through Shri Mahendra Kumar, Civil Judge and Judicial Magistrate. PW-1 Prem Singh identified A1 and A6. PW-11-Bhanwar Singh identified A1-Heera. As noted above, trial Court convicted all the seven accused persons and in appeal conviction of present appellants was maintained by the High Court.