SARWAN SINGH ALIAS GURU Vs. STATE

JUDGEMENT

(1.) The Appellants are the husband and wife, presently aged about 75 years and 71 years respectively. They both have been convicted for offences under Section 412 IPC and have been awarded a sentence of Rigorous Imprisonment for a period of three years and two years respectively and to pay a fine of '5,000/- and in default to undergo Simple Imprisonment for three months each in case FIR No. 871/1983, PS Karol Bagh under Section 397/395 IPC.

(2.) On 26th November, 1983 at about 1.30 a dacoity took place at the shop 'Maya Jewellers' in Karol Bagh. The complainant Bishan Dev, his father Arjun Dass and accountant Jagdish Chander Kalra were present in the shop. While Bishan Dev was sitting at the counter and his father Arjun Dass was inside, six sikh gentlemen entered into the shop and took out the revolvers and shouted 'hands up'. In the meantime, Arjun Dass also came out. Out of the six persons, two persons came to the counter and put the revolver on both the temples of Bishan Dev and shouted to give whatever valuable goods were there. One of them who was a Sikh, was standing on the gate of the shop. Two of them surrounded Arjun Dass and took from his possession the gold chain and '500/-. The 6th gentleman threatened the customers and cut off the telephone connections. They collected the ornaments from the shop and tied them in a cloth bundle which was used for tying the ledger books. After confining Bishan Dev, Arjun Dass and Jagdish Chander Kalra and the customers in the bathroom, they bolted the same from the outside and went away. Subsequently one Dharmender Anand, a neighbourer came and opened the bolt and police was informed.

(3.) On the basis of the statement of Bishan Dev, FIR No 871/1983 under Section 397/395 IPC was registered at Police Station Karol Bagh. Description of all the six persons was given by the Complainant. On 5th January, 1984 an information was received that some persons have been apprehended by the police officers at PS Connaught Place. When the Investigating Officer went to PS Connaught Place, one of the accused Sukhdev Singh was found in the custody who disclosed about this incident. Pursuant to the disclosure by Sukhdev Singh some jewellery items were recovered and on the basis of his disclosure other accused persons were also arrested. After investigation a charge sheet was filed against Sukhdev Singh, Khushal Singh and the present Appellants under Sections 395/397/342/412/213/120B IPC. Other accused persons namely Swaran Singh @ Billu, Gurusewak Singh @ Babla, Sukhdev Singh s/o Mahender Singh, Gurubhai Singh, Swaran Singh s/o Chandu, Charan Singh, Dalbir Singh, Gurnam Singh and Kulwant Singh were declared PO. Subsequently, the co-accused Sukhdev was killed in an encounter in Punjab and the trial against him stood abated. After recording of the evidence and statements of the accused, Gurusewak @ Babla was acquitted of the charges for offence punishable under Sections 395 and 120B IPC. Khushal Singh was also acquitted of the charge under Section 412 read with Section 120B IPC. Though the two Appellants were acquitted for the offences under Section 395/120B, they were however, convicted for offences under Section 412 IPC. The allegation in nutshell against the Appellants is that at their instance jewellery looted from the shop was recovered and thus, this appeal is confined only to this aspect of the case.