OM PARKASH Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal by Om Parkash alias Omi through Jail. The appellant was convicted under S. 307 r/w. S. 34, Penal Code. He was also convicted for substantive offence of conspiracy under S. 120B of the Penal Code. He was further convicted for an offence under S. 27 of the Arms Act for having been found in possession of a revolver and some ammunition. The Additional Sessions Judge, Shri G. S. Dhaka, passed the order of conviction against the appellant herein and his co -accused Lalit Mohan Kohli for the above noted offences on 9th March, 1981. The order sentencing them to various terms of imprisonment was passed on 10th March, 1981.

(2.) THE appellant was sentenced to four years' rigorous imprisonment under Ss. 307/34 of the Penal Code and for a period of two years' rigorous imprisonment in the case under S. 27 of the Arms Act. The sentences were directed to run concurrently. Although the learned additional Sessions Judge had found the appellant guilty for the substantive offence of conspiracy under S. 120B of the Penal Code, yet no separate sentence was awarded to him for that offence.

(3.) THE facts of the prosecution case have been noted in detail by the trial Court. No useful purpose will be served by noticing them all over again. However, in a nutshell the prosecution case was that the appellant herein and his co -accused Lalit Mohan Kohli were notorious chain snatchers. It had been reported that these young men were going round Delhi on a Jawa Motor Cycle bearing No. DEW 1012 and had been committing the offence of chain snatching in various areas of Delhi. At about 6 -30 p.m. on 19th October, 1978, Annadurai, a constable posted in Pahar Ganj Police Station, made a report in the police station that while on patrol duty he had found motor -cycle bearing No. DEW 1012 parked in a corner near Arya Samaj Mandir, Chuna Mandi, Pahar Ganj. This motor -cycle was found to be locked. This was the motor -cycle which was reportedly being used by the chain snatchers. Annadurai left another constable, who was also with him on patrol duty, to guard the motor -cycle and himself came to the police station to report this information which he considered important. Immediately thereafter a police party consisting of Sub -Inspector Satvir Singh along with Constables Ajit Singh, Shiv Charan, and Dinesh Kumar was sent to the spot for Nakabandi of that area. Another Sub -Inspector Purshotam Lal was also in the said party. It may be noticed that apart from Purshotam Lal all the other were in the civil dress; Purshotam Lal was the only person in uniform.