TIRATH SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Tirath Singh challenges judgment dated 22.01.2004 and order on sentence dated 23.03.2004 in Sessions Case No. 481/96 arising out of FIR No. 80/83 PS Tuglak Road by which he was convicted for committing offences punishable under Sections 395/397/398/452/450/455/347 IPC and sentenced to undergo RI for seven years with total fine Rs. 2,200/-.

(2.) Allegations against the appellant were that on 02.05.1983 at about 07.15 A.M. at Kothi No. 31, Golf Links, he and his associates Satpal, Hem Singh, Madan Lal and Bansi Lal committed dacoity and decamped with gold ornaments and other household articles belonging to Ramesh Kohli and Sunita Kohli in a taxi No. DLT 2644. The assailants used deadly weapons while committing dacoity. During the course of investigation, the assailants were arrested and robbed articles were recovered pursuant to their disclosure statements. After completion of investigation, a charge-sheet was submitted against all of them and they were brought to trial. The prosecution examined twenty two witnesses to substantiate the charges. On appreciation of the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment convicted all assailants including the appellant Tirath Singh for the offences mentioned previously. It is significant to note that Satpal died during the pendency of the trial and the proceedings against him were dropped as abated. Hem Singh and Bansi Lal challenged the judgment in Crl.A.No. 306/2004. The said appeal stood abated on their death.

(3.) During the course of arguments, learned counsel for the appellant on instructions from Tirath Singh stated at bar that he has opted not to challenge the conviction under the aforesaid offences. He however, prayed for modification of the order on sentence as the appellant has already served custody for about more than 3 years.