NAWAL KISHORE Vs. STATE

JUDGEMENT

(1.) These are five appeals from the order of the Additional Sessions Judge dated February 20, 1981. This judgment will govern them all.

(2.) These five appellants namely, Muksh, Dewan Ghand, Munim Kumar, Kishan Lal and Nawal Kishore were tried for offences under Sections 395/397 of the Indian Penal Code. They were found guilty. They were convicted. Each of them was sentenced to eight years rigorous imprisonment. From their conviction and sentence they appeal to this court.

(3.) These are the facts. On November 23, 1977 at about 9.15 p.m. a robbery was committed at the shop of Dr. L.D. Malhotra in Beedan Pura, Karol Bagh, New Delhi. Dr. Malhotra lodged a first information report on November 24, 1977 at 11.00 a.m. He complained that at his clinic on November 23, 1977 at night when he had finished his day's work and was leaving two persons entered his shop. One of them requested him to give some medicine to his companion who was wrapped in a white sheet but whose face was not muffled. These two persons were identified as Munim and Mukesh by the doctor in court. The doctor refused to give medicine as it was his closing time. Then both the accused left the clinic. After two or three minutes these two persons alongwith three other persons re-entered the shop. These were identified as Dewan Ghand, Nawal Kishore and Kishan Lal in court. Doctor's compounder, Harish Ghander, wag proceeding towards the gate and the doctor was following him. Mukesh gave a push to Harish Ghander. He whipped out a knife and made him sit on the chair. Munim also stood by the side of the compounder. Dewan Ghand had a revolver in his hand. Kishan Lal was armed with a knife. They motioned the doctor to go back, to the examination room. Nawal Kishore bolted the door from inside and pulled down the curtains on the window. He was also armed with a knife. The doctor was frightened seeing these men all around him. He obeyed them and sat on the chair. Dewan Ghand then showed him aloaded revolver. Four bullets were in the chamber and one socket was vacant. Dewan Ghand and Kishan Lal asked the doctor to hand over to them whatever was in his possession. The doctor took out the purse from his pocket. He handed over Rs. 700.00 which lie had in the purpose. The accused persons then searched the purse to ascertain whether it contained more money. Then they asked the doctor to hand over the watch which he did. Then the accused asked him to hand over the key of the drawer which he gave to him. Kishan Lal went to the outer room and opened the drawer. He took out Rs. 400.00 from the drawer. Munim and Mukesh divested Harish Ghander compounder of his watch and Rs. 15.00 which he had on his person. Thereafter all the five accused left the clinic threatening the doctor that if he reported tile matter to the police he would be done to death. After that the doctor and the compounder left for their respective houses. The doctor was mortally afraid. He did not make any report to the police until next morning. Before doing so he consulted his brother-in-law Harbans Lal Talwar and his own brothers. They all advised him to lodge a report. After talking to them he decided to lodge the report. He went to the shop where he met Talwar and his brothers. The doctor, Harish Chander compounder, and these persons then went to the police station and lodged the report.