BRAHMJIT SINGH Vs. STATE

JUDGEMENT

(1.) By this revision petition under Section 397 read with Section 401 of the Cr. P.C. 1973, two petitioners, namely, Brahmjit Singh and Benjamin, had challenged the judgment dated 16th of May, 1979 of the Addl. Sessions Judge, Delhi (hereinafter referred to as the impugned judgment) upholding their conviction and sentence under Sections 392 and 365 read with Section 34, IPC.

(2.) At the outset, it may be noted that the incident occurred on 27th of Oct. 1978 (over 12 years age). Four persons, namely, Khazan and Bishamber and the two above-named petitioners were put up for trial. The trial Court came to the conclusion that there was no prima facie case made out against Khazan and Bishamber and discharged them. Brahmjit died during pendency of this petition. Thus, we are now concerned with only one surviving accused, namely, Benjamin, petitioner No. 2 herein.

(3.) According to the prosecution, on 8th of June, 1975, in the early hours, the above-named four persons came in a car bearing registration No. DHB-7229 to a petrol pump known as Nangal Petrol Pump, Nangal Dairy, within the jurisdiction of P.S. Mehrauli, situated at the outskirts of Delhi. Benjamin was at the wheel of the car. At that time, P.W. 7 Surinder Sharma, the salesman and his helper Shankar were on duty at the petrol pump. The person sitting next to the driver in the front seat asked for 25 ltrs. of petrol and the same was filled in the fuel tank of the car by P. W. 7 Surinder Sharma with the help of Shankar. Surinder then asked for payment. Brahmjit, who was sitting on the rear seat, said that he had a 100 rupee note and asked for the balance. (Of course, in those good old days, a 100 rupee note could buy a lot and even after paying for 25 ltrs. petrol, one could still be left with a good amount to spare).