SUKHDEV SINGH Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Four appeals have been filed by S/Shri Sukhdev Singh, Sukhwant Singh. Khalil and Amrit Pal Singh, against the judgement passed by Shri S.L. Bhyana, Addl. Sessions Judge, Delhi, dated 16.1.92, convicting the appellants and Ventencing them to undergo Rigorous Imprisonment for a period of five years each, and futher to pay a fine of Rs. 500.00 each and in default of payment of fine, to undergo further R.I. - for one month each. Since the appeals are against one common judgement and the question of law and facts in all the appeals are similar, therefore, they are being disposed of by one common order.

(2.) It is against this judgement that the appellants have come up in the appeal challenging the order of their conviction dated 16.1.92, passed by Shn S.L. Bhyana, Addl. Session Judge, Delhi, inter alia on the ground that they have been convicted and sentenced on the basis of their confessions which are not admissible in law. Moreover on account of the refusal of Test Identification Parade, the appellants could not have been convicted. The Driver of the vehicle was discharged by the Court and thereafter the prosecution never took any step to summon him as a witness. The Test Identification Parade is never held in the Court. The complainant was brought in Court and was made to sit in varrandah so that he could recognise the appellants. Similarly, other relevant' evidence have not been produced by the prosecution to link the appellants with the alleged crime.

(3.) In nut shell the case of the prosecution was that on 28.7.87 at about 10.25 p.m. Sh.Kuldep Singh, an employee/salesman of M/s Transport Center, Rohtak Road, left Mayapuri Shopping Complex in a Nishan Truck, driven by Ram Kumar S/o Kedar Nath. When the said truck reached on Ring Road, opposite Sarla Marble Shop, Rajouri Garden, New Delhi, two persons who were on two-wheeler scooter, stopped the tnick. The said scooter was driven by one sikh gentleman and a clean shaved person was sitting on the pillion seat. When the truck was stopped another two-wheeler scooter driven by Sikh gentleman and a clean shaved person was sitting on the pillion seat, also reached there. Kuldeep Singh was sitting on the left side of the driver. He was carrying a bag containing Rs. 48,000.00 three Bill books and two cheques worth Rs. 11,000.00 , which were issued by various customers. The said bag was snatched from Kuldeep Singh by one of those persons. Kuldeep Singh instead of lodging the report with the Police Station went to the house of the owner at Punjabi Bagh and reported the incidence. Kuldeep Singh could not note down the number of the scooters because of darkness. Alongwith the owner Kuldeep Singh went to the Police Station and lodged the report at 10.55 p.m'. on the same date. On 8.3.88 appellant Sukhdev Singh was arrested in another case and on his disclosure statement the present case was registered under Section 392/34 Indian Penal Code . by the Police Station Rajouri Garden, New Delhi. Sukhdev Singh refused the T.I.P. on the allegation that he was produced in unmuffled fact in the Court on 11.4.88, when the complainant was admittedly present alongwith the 1.0., in the varranda of the Court Similarly, Khalil was also arrested on 8.3.88 in connection with another case, who also alleged to have made the disclosure statement about his involvement in the present case and so is the case of Sukhwant Singh. As regards Amrit Pal Singh it is the case of the prosecution that he made a disclosure statement before the police at Police Station Kamla Market, Delhi. On the basis of these disclossure statements the appellants were arrested.